Common use of Preservation and Maintenance of Property Clause in Contracts

Preservation and Maintenance of Property. Mortgagor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Agent of, appear in and defend, any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor nor any tenant or other Person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreement.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Lender may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Lender; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)Fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Borrower except as permitted pursuant when incident to the Credit Agreementreplacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for management of the Property by Acadia Realty Limited Partnership, without limitationor otherwise provide for professional third-party management of the Property by a commercial property manager with substantial experience in managing properties of the applicable kind, and otherwise satisfactory to Lender, pursuant to a contract approved by Lender in writing, unless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Administrative Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Administrative Agent may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Administrative Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Administrative Agent of, appear in and defend, any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Administrative Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Administrative Agent. Unless required by applicable law or unless Administrative Agent has otherwise consented in writing, neither Mortgagor nor any tenant or other Person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreement.

Preservation and Maintenance of Property. Mortgagor Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to substantially the equivalent of of, or better than, its original conditioncondition on the date hereof, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for professional management of the Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, without limitationunless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Grantor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacements of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (ai) shall not commit waste or permit impairment or deterioration (normal wear and tear excepted) of the Property; (b) Property and shall not abandon the Property; , (cii) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreementshall reconstruct, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original conditioncondition as is reasonably practicable, or such other condition as Agent Lender and Borrower may approve in writing, in the event of any damage, injury or loss thereto, whether but, if insurance or not condemnation proceeds have been paid to Lender, only to the extent of the self-insured retention (if any) plus insurance proceeds or condemnation awards or damages are made available to cover in whole or in part by Lender for the costs of such reconstruction, restoration or repair unless the improvements constituting the Property are (i) totally destroyednormal wear and tear excepted), (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, Property in good order, condition and repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen repairs, replacements and renewals necessary to that end, (eiv) shall comply in all material respects with all zoning, building, health and environmental laws, ordinancesordinances and regulations, and all other laws, regulations and requirements of any governmental body applicable to or agency having jurisdiction over the Property, includingor the use and occupancy thereof by Borrower, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (fv) shall give notice in writing to Agent of, appear in comply with all covenants and defend, any action or proceeding purporting to affect agreements of record affecting the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property without the prior written consent of Lender except such repairs and replacements made in the ordinary course of business as a result of obsolescence or any fixture (other than trade fixtures), equipment, machinery wear and tear and provided such replacements are made of material of substantially equivalent or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreementgreater value.

Preservation and Maintenance of Property. Mortgagor Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Beneficiary may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Grantor or by a property manager satisfactory to Beneficiary pursuant to a contract in form and substance satisfactory to Beneficiary; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Beneficiary; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBeneficiary and/or Trustee. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Grantor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Grantor except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Beneficiary may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Grantor or by a property manager satisfactory to Beneficiary pursuant to a contract in form and substance satisfactory to Beneficiary; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Beneficiary; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBeneficiary. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Grantor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)Fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Grantor except as permitted pursuant when incident to the Credit Agreementreplacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Lender may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Lender; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Borrower except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for management of the Property by Acadia Realty Limited Partnership or Aberdeen Properties, without limitationInc., or otherwise provide for professional third-party management of the American Property by a commercial property manager with Disabilities Actsubstantial experience in managing properties of the applicable kind, as it may and otherwise satisfactory to Lender, pursuant to a contract approved by Lender in writing, unless such requirement shall be amended from time waived by Lender in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall i)shall not commit waste or permit impairment or deterioration of the Property; (b) Property and shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreementii)shall reconstruct, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, reasonable wear and tear excepted, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds or condemnation awards or damages are available or adequate to cover cover, but subject to the provisions of Sections 6 C and 8 hereof, in whole or in part part, the costs of such reconstruction, restoration or repair unless the improvements constituting repair, (iii)shall keep the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good order, condition and repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen repairs, replacements and renewals necessary to that end, (e) shall iv)shall comply in all material respects with all zoning, building, health and environmental laws, ordinancesordinances and regulations, and all other laws, regulations and requirements of any governmental body applicable to or agency having jurisdiction over the Property, includingor the use and occupancy thereof by Borrower, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Agent of, appear in v)shall comply with all covenants and defend, any action or proceeding purporting to affect agreements of record affecting the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on without the Property owned by Mortgagor and used or intended to be used in connection with the Property, prior written consent of Lender except as permitted pursuant when incident to the Credit Agreementreplacement of improvements with items of like kind and quality.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds subject to Paragraphs 3 and 5 above, as security for or application applicable, and to the Obligations as provided extent Rents, Property revenue and casualty and/or condemnation proceeds are available, keep the Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Lender may reasonably approve in writing, in the event of and upon any damage, injury damage or loss thereto, whether or not insurance proceeds are available to cover thereto in whole or in part accordance with the costs terms of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the ObligationsParagraph 5; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, ; (e) shall provide for management of the American with Disabilities Act, as it may be amended from time Property by Borrower or by a property manager reasonably satisfactory to timeLender pursuant to a contract in form and substance reasonably satisfactory to Lender; and (f) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender if the Lender determines that the Property may be adversely affected by such appearance, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Borrower except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind, without the prior written consent of Lender, which consent shall not be unreasonably withheld or delayed.

Preservation and Maintenance of Property. Mortgagor Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Beneficiary may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Grantor or by a property manager satisfactory to Beneficiary pursuant to a contract in form and substance satisfactory to Beneficiary; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Beneficiary; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBeneficiary and/or Trustee. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Grantor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)Fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Grantor except as permitted pursuant when incident to the Credit Agreementreplacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, and in compliance with state and federal laws, ordinary wear and tear excepted, (b) shall maintain the Property in a condition suitable for certification by the manufacturer thereof (if certification is available) and in conformance with all manufacturer's recommended maintenance requirements, (c) shall not commit waste or permit impairment or deterioration of the Property; , (bd) shall not abandon the Property; , (ce) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (df) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace all improvements, fixtures, equipment, machinery and appliances on the Property, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (eg) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; Property and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned except when incident to the replacement of fixtures, equipment, machinery and appliances with items of like kind. In the event that any parts or accessories forming part of any item or items of Property become worn out, lost, destroyed, damaged beyond repair or otherwise rendered unfit for use, Borrower, at its own expense and expeditiously, will replace or cause the replacement of such parts or accessories by Mortgagor replacement parts or accessories free and used clear of all liens and encumbrances and with a value and utility at least equal to that of the parts or intended accessories being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair). All such replacement parts and accessories shall be deemed to be used incorporated immediately into and to constitute an integral portion of the Property and, as such, shall be subject to the terms of this Agreement. Lender shall have no responsibility in connection any of these matters, or for the making of improvements or additions to the Property. Borrower will defend the Property against all claims or demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliancesall Improvements thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen Lender, at its option after the American with Disabilities Actoccurrence and during the continuance of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, unless such requirement shall be amended from time to time; waived by Lender in writing (provided, however, that Lender may require such professional management following a subsequent Event of Default, even after such Event of Default shall have been cured), and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of Lender, shall remove, demolish or structurally alter any improvement Improvement now existing or hereafter erected on the Property Premises or any fixture (other than trade Property, except when incident to the replacement of fixtures), equipment, machinery or appliance in or on and appliances with items of like kind. Borrower represents, warrants and covenants that the Property owned by Mortgagor is and used or intended to shall be used in connection substantial compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Bank may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen Bank, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to Bank pursuant to a contract approved by Bank in writing, unless such requirement shall be amended from time waived by Bank in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals and (fh) shall give notice in writing to Agent ofBank of and, unless otherwise directed in writing by Bank, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBank hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of Bank, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Mortgagor Mortgagors (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Collateral Agent withholds insurance proceeds as security for or application to the Secured Obligations as provided in the Credit Agreement, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Collateral Agent may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Collateral Agent applies the proceeds of such insurance to payment of the Secured Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor Mortgagors when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Collateral Agent of, appear in and defend, any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Collateral Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Collateral Agent. Unless required by applicable law or unless Collateral Agent has otherwise consented in writing, neither Mortgagor Mortgagors nor any tenant or other Person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on the Property owned by Mortgagor Mortgagors and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreement.

Preservation and Maintenance of Property. Mortgagor Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Beneficiary may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Grantor or by a property manager reasonably satisfactory to Beneficiary pursuant to a contract in form and substance reasonably satisfactory to Beneficiary; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank without limitation, the American with Disabilities Act, as it may be amended from time to timewritten consent of Beneficiary; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBeneficiary and/or Trustee. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Grantor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)Fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Grantor except as permitted pursuant when incident to the Credit Agreementreplacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for management of the Property by Acadia Realty Limited Partnership, without limitationor otherwise provide for professional third-party management of the Property by a commercial property manager with substantial experience in managing properties of the applicable kind, and otherwise satisfactory to Lender, pursuant to a contract approved by Lender in writing, unless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall generally operate and maintain the Property in a manner to ensure maximum rentals, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Xxxxxx, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Mortgage or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Propertywithout Xxxxxx’s prior written consent, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Lender may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, ; (e) shall provide for management of the American with Disabilities Act, as it may be amended from time Property by Borrower or by a property manager satisfactory to timeLender pursuant to a contract in form and substance satisfactory to Lender; and (f) shall give notice in writing to Agent of, appear in and defend, Lender of any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any Lender to the extent such action or proceeding caused could potentially expose Borrower, Principal or the Property to liability in excess of $35,000; and (g) unless otherwise directed in writing by Lender, appear and defend any action or proceeding purporting to affect the Property, the security granted by the gross negligence Loan Documents or intentional misconduct the rights or powers of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property Land and owned or leased by Mortgagor and used or intended to be used in connection with the Property, Borrower except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall generally operate and maintain the Property in a manner to insure maximum income, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writingWithout Lender's prior written consent, neither Mortgagor Borrower nor any tenant or other Person person shall remove, demolish or alter or construct additions to any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreement.the

Preservation and Maintenance of Property. Mortgagor Trustor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Beneficiary may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, Property including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property; (f) if requested by Beneficiary, including, without limitation, shall provide for professional management of the American with Disabilities Act, as Property by a property manager satisfactory to Beneficiary pursuant to a contract approved by Beneficiary in writing; (g) shall generally operate and maintain the Property (if it may be amended from time income property) in a manner to timeensure maximum rentals; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Deed of Trust or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentBeneficiary. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Trustor nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be amended from time waived by METLIFE in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofMETLIFE of and, unless otherwise directed in writing by METLIFE, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Deed or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentMETLIFE hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of METLIFE, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, and in compliance with state and federal laws, ordinary wear and tear excepted, (b) shall maintain the Property in a condition suitable for certification by the manufacturer thereof (if certification is available) and in conformance with all manufacturer's recommended maintenance requirements, (c) shall not commit waste or permit impairment or deterioration of the Property; , (bd) shall not abandon the Property; , (ce) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (df) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace all improvements, fixtures, equipment, machinery and appliances on the Property, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (eg) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; Property and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned except when incident to the replacement of fixtures, equipment, machinery and appliances with items of like kind. In the event that any parts or accessories forming part of any item or items of Property become worn out, lost, destroyed, damaged beyond repair or otherwise rendered unfit for use, Borrower, at its own expense and expeditiously, will replace or cause the replacement of such parts or accessories by Mortgagor replacement parts or accessories free and used clear of all liens and encumbrances and with a value and utility at least equal to that of the parts or intended accessories being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair). All such replacement parts and accessories shall be deemed to be used incorporated immediately into and to constitute an integral portion of the Property and, as such, shall be subject to the terms of this Agreement. Neither Lender nor Issuer shall have any responsibility in connection any of these matters, or for the making of improvements or additions to the Property. Borrower will defend the Property against all claims or demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (ai) shall not commit waste or permit impairment or deterioration of the Property; (b) Property and shall not abandon the Property; , (cii) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreementshall reconstruct, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds or condemnation awards or damages are available or adequate to cover cover, in whole or in part part, the costs of such reconstruction, restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, Property in good order, condition and repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen repairs, replacements and renewals necessary to that end, (eiv) shall comply in all material respects with all zoning, building, health and environmental laws, ordinancesordinances and regulations, and all other laws, regulations and requirements of any governmental body applicable to or agency having jurisdiction over the Property, includingor the use and occupancy thereof by Borrower, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (fv) shall give notice in writing to Agent of, appear in comply with all covenants and defend, any action or proceeding purporting to affect agreements of record affecting the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on without the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreementprior written consent of Lender.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available sufficient to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvementsImprovements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) materially shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall operate the Property as a shopping center, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, ordinary wear and tear excepted, and, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, in compliance with state and federal laws, (b) shall not commit waste or permit impairment or deterioration of the Property; , (bc) shall not abandon the Property; , (cd) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, restore or repair promptly and in a good and workmanlike manner if all or any part of the Property is for rent or lease, then Lender, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the equivalent of its original condition, or such other condition as Agent may approve Property by a property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, unless such requirement shall be waived by Lender in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreementwriting, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the American with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor with a fair market value in excess of $50,000 individually or $100,000 in the aggregate except when incident to the replacement of fixtures, equipment, machinery and used appliances with items of like kind. Borrower will defend the Property against all claims or intended demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents and warrants as of the Closing Date that, to be used the best of Borrower’s knowledge, the Property is in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to time (the “ADA”). Borrower shall promptly make all necessary changes to the Credit AgreementProperty in order to make it in compliance with the ADA.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if Borrower or its managing member ceases to manage the Property, without limitationthen Borrower shall provide for professional management of the Property by a commercial rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to be used in connection appliances with the Property, items of like kind and except as permitted pursuant to under the Credit Agreementterms of approved leases.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all FORM 4010 (PAGE 3 OF 8 PAGES) UNIFORM COVENANTS-MULTIFAMILY-1/77-FNMA/FHLMC UNIFORM INSTRUMENT or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for professional management of the Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, without limitationunless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, any action or proceeding __________________________________ purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent (in value, character) of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be waived by METLIFE in writing, (g) (if any part of the Property is let to a tenant or tenants) shall generally operate and maintain the Property in a manner to ensure maximum rentals, and (h) shall give notice in writing to METLIFE of and, Borrower represents, warrants and covenants that the Property is and shall be in compliance with all applicable provisions of the Americans with Disabilities ActAct of 1990 and all of the regulations promulgated thereunder, as it the same may be amended from time to time; and (f) shall give notice in writing to Agent of, appear in and defend, any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor nor any tenant or other Person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreement.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; ordinary wear and tear excepted; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to shall keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Agent Lender may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all applicable laws, ordinances, regulations and requirements of any governmental body body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager reasonably satisfactory to Lender pursuant to a contract in form and substance reasonably satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, includingor any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without limitationthe written consent of Lender which shall not be unreasonably withheld or delayed provided Borrower provides evidence to Lender that said tanks shall be installed, the American maintained and operated in accordance with Disabilities Actall applicable laws, as it may be amended from time to timeordinances and regulations; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writingWithout Lender's written consent, neither Mortgagor Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property Improvement or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of fixtures, equipment, machinery and appliances with items of like kind. Notwithstanding the foregoing and during an MHC Control Period, Lender's prior approval with respect to alterations shall only be required in connection with any alterations to any Improvements, exclusive of alterations to tenant spaces required under any Lease, (a) that may have a material adverse effect on the Property, or (b) that, together with any other alterations undertaken at the same time (including any related alterations, improvements or replacements), are reasonably anticipated to have a cost in excess of five percent (5.0%) of the Loan Amount (the "ALTERATION THRESHOLD"). During an MHC Control Period, Lender shall not unreasonably withhold its consent in connection with any alterations in excess of the Alteration Threshold, provided that Lender shall have received (a) a current Appraisal of the Property owned by Mortgagor and used (or intended a letter update to be used the Appraisal delivered in connection with the closing of the Loan), (b) a certificate from Borrower and (c) such other evidence that would be satisfactory to a prudent institutional mortgage loan lender each indicating that such alterations will not impair (as security for the Loan) the fair market value of the real estate collateral portion of the Property, except as permitted pursuant determined by a prudent institutional secondary market lender. If the total unpaid amounts incurred and to be incurred with respect to such alterations to the Credit AgreementImprovements shall at any time exceed the Alteration Threshold and Lender's consent in connection with any such alterations is granted, Borrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower's obligations under the Loan Documents any of the following: (i) cash, (ii) direct non-callable obligations of the United States of America or other obligations which are "government securities" within the meaning of Section 2(a)(16) of the Investment Company Act of 1940, to the extent acceptable to the applicable Rating Agencies, (iii) other securities acceptable to Lender and the Rating Agencies, or (iv) a completion bond, provided that such completion bond is acceptable to the Lender and the Rating Agencies. Such security shall be in an amount equal to the excess of the total unpaid amounts incurred and to be incurred with respect to such alterations to the Improvements over the Alteration Threshold.

Preservation and Maintenance of Property. Mortgagor Borrower shall: (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to keep the Obligations as provided Property in the Credit Agreement, good repair and restore or repair promptly and promptly, in a good and workmanlike manner manner, all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of upon any damage, injury damage or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the PropertyProperty unless the same are being duly contested by Borrower in good faith and compliance therewith may lawfully be postponed while any such contest is pending and, includingif applicable, without limitation, Borrower complies with Section 12 hereof; (e) provide for management of the American with Disabilities Act, as it may be amended from time Property by a ---------- property manager reasonably satisfactory to timeLender pursuant to a contract in form and substance reasonably satisfactory to Lender; and (f) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement granted by the Loan Documents or the rights or powers of Agent, except for any such action or proceeding caused by Lender under the gross negligence or intentional misconduct of AgentLoan Documents. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected Improvement on the Property or any fixture (other than trade Land except when incident to the replacement of fixtures), equipment, machinery and appliances with items of like kind or appliance in when incident to repair or on the Property owned by Mortgagor and used restoration after damage, destruction or intended to be used in connection with the Property, except as permitted pursuant to the Credit Agreementcondemnation.

Preservation and Maintenance of Property. Mortgagor Guarantor (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Guarantor to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be amended from time waived by METLIFE in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofMETLIFE of and, unless otherwise directed in writing by METLIFE, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Deed of Trust or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentMETLIFE hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Guarantor nor any tenant or other Person person, without the written approval of METLIFE, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Guarantor represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be amended from time waived by METLIFE in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofMETLIFE of and, unless otherwise directed in writing by METLIFE, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Mortgage or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentMETLIFE hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of METLIFE, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (cc ) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all Uniform Covenants--Multifamily--1/77--FNMA/FHLMC Uniform Instrument Form 4010 (page 3 of 8 pages) or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for professional management of the Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, without limitationunless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen Lender, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, unless such requirement shall be amended from time to time; waived by Lender in writing, and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of Lender, shall remove, demolish or alter any improvement Improvement now existing or hereafter erected on the Property Premises and owned by Borrower or any fixture (other than trade Property except when incident to the replacement of fixtures), equipment, machinery or appliance in or on and appliances with items of like kind. To the best of Borrower's knowledge, the Property owned by Mortgagor is and used or intended to shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Trustor (a) shall not commit waste or permit impairment or any material physical deterioration of any portion of the Property; (b) shall not abandon any portion of the Property; (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original pre-loss condition, or such other condition as Agent Beneficiary may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligationsrepair; (d) shall keep the Property, including improvementsImprovements, fixtures, equipment, machinery and appliancesappliances therein, in good repair condition and repair, and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good working condition and repair; (e) shall comply in all material respects with all applicable laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, ; (f) shall generally operate and maintain the American with Disabilities Act, as it may be amended from time to timeProperty in a safe and sound manner; and (fh) shall give notice in writing to Agent ofBeneficiary of and, unless otherwise directed in writing by Beneficiary, appear in and defend, defend any action or proceeding purporting to affect the PropertyProperty or Trustor’s right, title and interest therein, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by Beneficiary hereunder. Except as permitted pursuant to the gross negligence or intentional misconduct of Agent. Unless required by applicable law or unless Agent has otherwise consented in writingLoan Agreement, neither Mortgagor Trustor nor any tenant or other Person person shall remove, demolish or alter any improvement Improvements now existing or hereafter erected on any portion of the Property Property, or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of such fixtures, equipment, machinery and appliances with items of like or better kind, each of which shall be owned free and clear by Trustor.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedbut subject to METLIFE's making insurance proceeds available, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be amended from time waived by METLIFE in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofMETLIFE of and, unless otherwise directed in writing by METLIFE, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentMETLIFE hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person. without the written approval of METLIFE. shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Non-structural alterations shall not require the consent of METLIFE. Borrower represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent METLIFE may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen METLIFE, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to METLIFE pursuant to a contract approved by METLIFE in writing, unless such requirement shall be amended from time waived by METLIFE in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofMETLIFE of and, unless otherwise directed in writing by METLIFE, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentMETLIFE hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of METLIFE, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliancesappliances thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen Lender, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, unless such requirement shall be amended from time waived by Lender in writing, (g) shall generally operate and maintain the Property in a manner to time; ensure maximum rentals, and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of Lender, shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor except when incident to the replacement of fixtures, equipment, machinery and used or intended to appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be used in connection compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all UNIFORM COVENANTS--Multifamily--1/77--FNMA/FHLMC UNIFORM INSTRUMENT Form 4010 (page 3 of 8 pages) or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, appliances thereon in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) shall provide for professional management of the Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, without limitationunless such requirement shall be waived by Lender in writing, (g) shall generally operate and maintain the American with Disabilities ActProperty in a manner to ensure maximum rentals, as it may be amended from time to time; and (fh) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures)fixture, equipment, machinery or appliance in or on the Property owned by Mortgagor and used or intended to be used in connection with the Property, except as permitted pursuant when incident to the Credit Agreementreplacement of fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Mortgagor Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall, unless Agent withholds insurance proceeds as security for or application to the Obligations as provided in the Credit Agreement, shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Agent Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyedrepair, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliancesall Improvements thereon, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; , (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including(f) if all or part of the Property is for rent or lease, without limitationthen Lender, at its option after the American with Disabilities Actoccurrence of an Event of Default, as it may require Borrower to provide for professional management of the Property by a property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, unless such requirement shall be amended from time to time; waived by Lender in writing, and (fg) shall give notice in writing to Agent ofLender of and, unless otherwise directed in writing by Lender, appear in and defend, defend any action or proceeding purporting to affect the Property, the security of this Agreement Instrument or the rights or powers of Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of AgentLender hereunder. Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor Neither Borrower nor any tenant or other Person person, without the written approval of Lender, shall remove, demolish or alter any improvement Improvement now existing or hereafter erected on the Property Premises or any fixture (other than trade Property, except when incident to the replacement of fixtures), equipment, machinery or appliance in or on and appliances with items of like kind. Borrower represents, warrants and covenants that the Property owned by Mortgagor is and used or intended to shall be used in connection substantial compliance with the PropertyAmericans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, except as permitted pursuant the same may be amended from time to the Credit Agreementtime.