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EXHIBIT D <br />PERMITTED ENCUMBRANCES <br />1 Any law, ordinance or governmental regulation <br />(including but not limited to building and zoning <br />ordinances) restricting or regulating or prohibiting <br />the occupancy, use or enjoyment of the Development <br />Property, or use or enjoyment of the Development <br />Property, or regulating the character, dimensions or <br />location of any improvement now or hereafter erected on <br />the Development Property, or prohibiting a separation <br />in ownership or a reduction in the dimensions or area <br />of the Development Property, or the effect of any <br />violation of any such law, ordinance or governmental <br />regulation. <br />2 Rights of eminent domain or governmental rights of <br />police power. <br />3 Defects, liens, encumbrances, adverse claims or other <br />matters: (a) resulting in no loss or damage to the <br />Developer, or (b) attaching or created pursuant to <br />Article VI subsequent to the conveyance of the <br />Development Property to the Developer by the City. <br />4 Any Mortgage approved or permitted under Section 8.2 <br />and any liens and encumbrances or other interests <br />permitted under the terms of said Mortgage. <br />1054867.2 <br />Page 98 <br />