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172981943v5 <br /> <br /> <br /> 17 <br /> <br />provided that in no event shall such lease, transfer, assignment or sale be permitted if the effect <br />thereof would otherwise be to impair the validity or the tax exempt status of the Note, nor shall <br />any such transaction release the Borrower of any of its obligations under this Agreement, unless <br />the Facility is conveyed in whole and such conveyance has been approved in writing by the Lender. <br />The Borrower shall promptly notify the City of any such sale, transfer, assignment or lease. <br />Section 4.7 Facility Operation and Maintenance Expenses. The Borrower shall pay all <br />expenses of the operation and maintenance of the Facility including, but without limitation, <br />adequate insurance thereon and insurance against all liability for injury to persons or property <br />arising from the operation thereof, and all taxes and special assessments levied upon or with respect <br />to the Facility and payable during the term of this Agreement, all in conformance with the <br />provisions of the Mortgage. The Borrower shall keep the Facility in good working order and <br />condition, subject to ordinary wear and tear. The Facility shall not be used for purposes which <br />violate any Federal, State or other laws prohibiting discrimination in access or employment based <br />on race, creed, sex, disability, ethnic or national origin, age, marital status, or other categories for <br />which discrimination is prohibited. <br />The Borrower will not use any Note proceeds to pay any costs of, or attributable to, the <br />construction or equipping of any facilities used primarily for religious instruction or worship; all <br />such costs will be paid with the Borrower’s funds. The Borrower agrees that it will not use that <br />portion of the Facility financed or refinanced with proceeds of the Note or any part thereof (a) for <br />sectarian instruction or study or primarily as a place for devotional activities or religious worship <br />or as a facility used primarily in connection with any part of a program of a school or department <br />of divinity for any religious denomination or the training of ministers, priests, rabbis or other <br />similar persons in the field of religion, or (b) in a manner which would violate the First Amendment <br />to the Constitution of the United States of America, including the decisions of the United States <br />Supreme Court interpreting the same, or any comparable provisions of the Constitution of the State <br />of Minnesota, including the decisions in the Supreme Court of the State interpreting the same. <br />Section 4.8 Notification of Changes. The Borrower covenants and agrees that it will <br />promptly notify the Lender of: <br />(1) any litigation and of all proceedings before any governmental or regulatory <br />agency which might materially and adversely affect the Borrower or any of its properties. Any <br />action seeking a monetary recovery in excess of $50,000 is material; <br />(2) as promptly as practicable (but in any event not later than five business <br />days) after an officer of Borrower obtains knowledge, the occurrence of any Event of Default under <br />this Agreement or under any other loan agreement, debenture, note, purchase agreement or any <br />other agreement providing for the borrowing of money by the Borrower[ or any event of which <br />the Borrower has knowledge and which, with the passage of time or giving of notice, or both, <br />would constitute an Event of Default under this Agreement or under such other agreements]; and <br />(3) any material adverse change in the operations, business, properties, assets <br />or conditions, financial or otherwise, of the Borrower.