Trustor's Covenants. In order to induce the Beneficiary to enter into this Deed of Trust, the Credit Agreement and the other Loan Documents pertaining to the Fixed Assets Loans, the Trustor agrees that all of the covenants of Trustor set forth in the Credit Agreement are incorporated into this Deed of Trust by reference as if fully set forth herein.
Trustor's Covenants. To protect the security of this Deed of Trust, Trustor agrees as follows:
(a) to perform the Secured Obligations in accordance with their respective terms;
(b) to keep the Land and the Improvements in good condition and repair, normal wear and tear and acts of God excepted; not to remove or demolish any Improvements without Beneficiary's prior written consent; to complete or restore promptly and in good and workmanlike manner any Improvement constructed, damaged or destroyed on the Land; to pay when due all claims for labor performed and materials furnished therefor, subject to Trustor's right to contest any claim in good faith; to comply with all laws affecting the Project, subject to Trustor's right to contest any claim in good faith; not to commit or permit waste with respect to the Land or the Improvements; not to commit, suffer or permit any act upon the Land or the Improvements in violation of law, including Environmental Laws; and to do all other acts made reasonably necessary by the character or use of the Land and the Improvements;
(c) to provide, maintain and deliver to Beneficiary property and liability insurance as required under the Agreement and apply any insurance proceeds as provided below;
(d) to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and reasonable attorneys' fees and costs incurred in any such action or proceeding in which Beneficiary or Trustee may appear and in any suit brought by Beneficiary to foreclose this Deed of Trust following an Event of Default;
(e) to pay in accordance with the Agreement, but in each case prior to delinquency: (i) all taxes and assessments affecting the Property, including assessments on appurtenant water stock; and (ii) all encumbrances, charges and liens, with interest, on the Property or any part thereof that appear to be prior or superior hereto;
(f) should Trustor fail to make any payment or to do any act as herein provided, then, without: (i) obligation to do so; (ii) notice to or demand upon Trustor; or
Trustor's Covenants. Trustor covenants:
Trustor's Covenants. In order to induce the Beneficiary to accept this Deed of Trust and enter into the Indenture and the other Security Documents, the Trustor agrees that all of the covenants of Trustor set forth in the Indenture are incorporated in this Deed of Trust by reference as if fully set forth herein.
Trustor's Covenants. Trustor covenants, warrants and agrees with Trustee and Beneficiary as follows:
Trustor's Covenants. To protect the security of this Trust Deed, ------------------- Trustor agrees as follows:
Trustor's Covenants. Trustor covenants, warrants, and agrees:
Trustor's Covenants. Trustor agrees to: (i) give notice to Beneficiary immediately upon Trustor's acquiring knowledge of the use, presence or storage or alleged use, presence or storage of any Hazardous Materials at, under, above, around, in or on the Trust Property or of any Hazardous Materials Contamination, with a full description thereof and copies of all materials relating to the manner in which it acquired such knowledge; (ii) promptly comply. with all Environmental Laws requiring the removal, treatment or disposal of such Hazardous Materials or Hazardous Materials Contamination and provide Beneficiary with satisfactory evidence of such compliance; and (iii) deliver to Beneficiary, within thirty (30) days after demand by Beneficiary, a bond, letter of credit or similar financial assurance evidencing to Beneficiary's satisfaction that sufficient funds are available to pay the cost of removing, treating and disposing of such Hazardous Materials or Hazardous Materials Contamination and discharging any assessments which may be established on the Trust Property as a result thereof.
Trustor's Covenants. To protect the security of this Deed of Trust, Trustor agrees as follows:
1 Payment and Performance of Secured Obligations. Trustor shall pay and perform all Secured Obligations in accordance with the respective terms of such Secured Obligations, whether evidenced by or arising under this Deed of Trust, the Promissory Note or otherwise.
Trustor's Covenants. Trustor covenants and agrees with Trustee and Beneficiary that:
