ITS PRESENT BUSINESS.
(F)
DEBT CANCELLATION. CANCEL OR OTHERWISE FORGIVE OR RELEASE ANY
MATERIAL CLAIM OR DEBT OWED TO BORROWER BY ANY PERSON, EXCEPT FOR ADEQUATE
CONSIDERATION OR IN THE ORDINARY COURSE OF BORROWER'S BUSINESS.
(G)
AFFILIATE TRANSACTIONS. EXCEPT FOR FEES PAYABLE TO MANAGER UNDER
THE MANAGEMENT AGREEMENT, (I) PAY ANY MANAGEMENT, CONSULTING, DIRECTOR OR
SIMILAR FEES TO ANY
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AFFILIATE OF BORROWER OR TO ANY DIRECTOR OR MANAGER (OTHER THAN ANY CUSTOMARY
FEES OF THE INDEPENDENT DIRECTOR/MANAGER), OFFICER OR EMPLOYEE OF BORROWER,
(II) DIRECTLY OR INDIRECTLY ENTER INTO OR PERMIT TO EXIST ANY TRANSACTION
(INCLUDING THE PURCHASE, SALE, LEASE OR EXCHANGE OF ANY PROPERTY OR THE
RENDERING OF ANY SERVICE) WITH ANY AFFILIATE OF BORROWER OR WITH ANY DIRECTOR,
OFFICER OR EMPLOYEE OF ANY AFFILIATE OF BORROWER, EXCEPT TRANSACTIONS IN THE
ORDINARY COURSE OF AND PURSUANT TO THE REASONABLE REQUIREMENTS OF THE BUSINESS
OF BORROWER AND UPON FAIR AND REASONABLE TERMS WHICH ARE NO LESS FAVORABLE TO
BORROWER THAN WOULD BE OBTAINED IN A COMPARABLE ARM'S LENGTH TRANSACTION WITH A
PERSON THAT IS NOT AN AFFILIATE OF BORROWER, OR (III) MAKE ANY PAYMENT OR PERMIT
ANY PAYMENT TO BE MADE TO ANY AFFILIATE OF BORROWER WHEN OR AS TO ANY TIME WHEN
ANY EVENT OF DEFAULT SHALL EXIST.
(H)
CREATION OF EASEMENTS. EXCEPT AS EXPRESSLY PERMITTED BY OR
PURSUANT TO THE MORTGAGES OR THIS AGREEMENT, CREATE, OR PERMIT ANY MORTGAGED
PROPERTY OR ANY PART THEREOF TO BECOME SUBJECT TO, ANY EASEMENT, LICENSE OR
RESTRICTIVE COVENANT, OTHER THAN A PERMITTED ENCUMBRANCE, PROVIDED, THAT THE
CONSENT OF LENDER SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED TO THE EXTENT
THAT ANY SUCH EASEMENT, LICENSE OR RESTRICTIVE COVENANT IS REASONABLY NECESSARY
FOR THE CONTINUED USE, ENJOYMENT, ACCESS TO OR OPERATION OF THE APPLICABLE
MORTGAGED PROPERTY.
(I)
MISAPPLICATION OF FUNDS. DISTRIBUTE ANY RENTS OR MONEYS RECEIVED
FROM ACCOUNTS IN VIOLATION OF THE PROVISIONS OF SECTION 2.12, OR FAIL TO PLEDGE
ANY SECURITY DEPOSIT TO LENDER, OR MISAPPROPRIATE ANY SECURITY DEPOSIT OR
PORTION THEREOF.
(J)
CERTAIN RESTRICTIONS. AMEND, MODIFY OR WAIVE IN ANY MATERIAL WAY
ANY OF ITS RIGHTS UNDER THE MASTER HOMESITE LEASE AGREEMENT.
(K)
ASSIGNMENT OF LICENSES AND PERMITS. ASSIGN OR TRANSFER ANY OF ITS
INTEREST IN ANY PERMITS PERTAINING TO ANY MORTGAGED PROPERTY, OR ASSIGN,
TRANSFER OR REMOVE OR PERMIT ANY OTHER PERSON TO ASSIGN, TRANSFER OR REMOVE ANY
RECORDS PERTAINING TO ANY MORTGAGED PROPERTY.
(L)
PLACE OF ORGANIZATION. CHANGE ITS JURISDICTION OF ORGANIZATION,
CREATION OR FORMATION, AS APPLICABLE, WITHOUT GIVING LENDER AT LEAST FIFTEEN
(15) DAYS' PRIOR WRITTEN NOTICE THEREOF AND PROMPTLY PROVIDING LENDER SUCH
INFORMATION AS LENDER MAY REASONABLY REQUEST IN CONNECTION THEREWITH.
(M)
LEASES. ENTER INTO, AMEND OR CANCEL LEASES, EXCEPT AS PERMITTED BY
THIS AGREEMENT.
(N)
MANAGEMENT AGREEMENT. EXCEPT IN ACCORDANCE WITH THIS AGREEMENT,
(I) TERMINATE OR CANCEL THE MANAGEMENT AGREEMENT, (II) CONSENT TO EITHER THE
REDUCTION OF THE TERM OF OR THE ASSIGNMENT OF THE MANAGEMENT AGREEMENT,
(III) INCREASE OR CONSENT TO THE INCREASE OF THE AMOUNT OF ANY CHARGES UNDER THE
MANAGEMENT AGREEMENT, OR (IV)