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<br />Mortgage, Assignment of Rents,
<br />Security Agreement and Fixture Filing
<br />Page 12
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<br />1.2 Maintenance: Repairs, Construction. Borrower shall not abandon the Premises, shall keep
<br />and maintain the Premises in good condition, repair and operating condition, normal wear and tear
<br />excluded, free from any waste or misuse, and shall promptly repair or restore any buildings,
<br />improvements or structures now or hereafter on the Premises which may become damaged or
<br />destroyed to their condition prior to any such damage or destruction.
<br />1.3 Compliance with Laws. Borrower shall comply with all requirements of law, municipal
<br />ordinances and regulations affecting the Premises, shall comply with all private restrictions and
<br />covenants affecting the Premises and shall not acquiesce in or seek any rezoning classification
<br />affecting the Premises.
<br />1.4 Payment of Construction Costs: Liens. Borrower shall pay all construction and operating
<br />costs and expenses due and owing with respect to the Premises; shall keep the Premises free from
<br />levy, attachment, mechanics’, construction, materialmen’s and other Liens, except as permitted
<br />pursuant to Section 1.6.
<br />1.5 Payment of Impositions. Except as provided in Section 1.6, Borrower shall pay when due
<br />and in any event before any penalty attaches all taxes, assessments, governmental charges, water
<br />charges, sewer charges, and other fees, taxes, charges and assessments of every kind and nature
<br />whatsoever assessed or charged against or constituting a lien on the Premises or any interest therein
<br />(“Impositions”) and will upon demand, furnish to the Governmental Lender proof of the payment
<br />of any such Impositions no later than ten (10) days prior to the date on which the Impositions
<br />would be delinquent if not paid. In the event of a court decree or an enactment after the date hereof
<br />by any legislative authority of any law imposing upon a lender the payment of the whole or any
<br />part of the Impositions herein required to be paid by Borrower, or changing in any way the laws
<br />relating to the taxation of deeds to secure debt or a lender’s interest in the premises secured by
<br />deeds to secure debt, so as to impose such Impositions on the Governmental Lender or on the
<br />interest of the Governmental Lender in the Premises, then, in any such event, Borrower shall bear
<br />and pay the full amount of such Imposition, provided that if for any reason payment by Borrower
<br />of any such Imposition would be unlawful, or if the payment thereof would constitute usury or
<br />render the Indebtedness wholly or partially usurious, Governmental Lender, at its option, may
<br />declare the whole sum secured by this Security Instrument with interest thereon to be immediately
<br />due and payable, without prepayment premium, or Governmental Lender, at its option, may pay
<br />that amount or portion of such Imposition as renders the Indebtedness unlawful or usurious, in
<br />which event Borrower shall concurrently therewith pay the remaining lawful and non-usurious
<br />portion or balance of said Imposition.
<br />1.6 Contest of Impositions, Liens and Levies. Borrower shall not be required to pay, discharge
<br />or remove any Lien (as defined below) or Imposition so long as Borrower shall in good faith
<br />contest the same or the validity thereof by appropriate legal proceedings so long as such
<br />proceedings operate to prevent the collection or enforcement of the Lien or Imposition so contested
<br />and the sale of the Premises, or any part thereof, to satisfy the same; provided, however, Borrower
<br />shall, as a condition of any such contest, have paid that portion of the lien or Imposition as may be
<br />required by law, and shall, prior to the date such Lien or Imposition is originally due and payable
<br />without such contest, have given Governmental Lender such reasonable security as may be
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