all or any of the Net Claims Proceeds to pay or prepay the Secured Indebtedness
in such order and in such amounts as Holder may elect.
Following the
application of any Net Claims Proceeds as contemplated by this clause (i), the
unpaid portion of the Secured Indebtedness shall remain in full force and effect
and the payment thereof shall not be excused.
Notwithstanding the foregoing,
the rights of Holder and Lenders shall be subject to applicable law governing
use of the Net Claims Proceeds, if any.
(J)
COMPLIANCE WITH LEGAL REQUIREMENTS.
THE
PROPERTY AND THE USE, OPERATION AND MAINTENANCE THEREOF AND ALL ACTIVITIES
THEREON DO AND SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE LEGAL
REQUIREMENTS.
THE PROPERTY IS NOT, AND SHALL NOT BE, DEPENDENT ON ANY OTHER
PROPERTY OR PREMISES OR ANY INTEREST THEREIN OTHER THAN THE PROPERTY TO FULFILL
ANY REQUIREMENT OF ANY LEGAL REQUIREMENT.
GRANTOR SHALL NOT, BY ACT OR
OMISSION, PERMIT ANY BUILDING OR OTHER IMPROVEMENT NOT SUBJECT TO THE LIEN OF
THIS DEED OF TRUST TO RELY ON THE PROPERTY OR ANY INTEREST THEREIN TO FULFILL
ANY REQUIREMENT OF ANY LEGAL REQUIREMENT.
NO IMPROVEMENT UPON OR USE OF ANY
PART OF THE PROPERTY CONSTITUTES A NONCONFORMING USE UNDER ANY ZONING LAW OR
SIMILAR LAW OR ORDINANCE.
GRANTOR HAS OBTAINED AND SHALL PRESERVE IN FORCE ALL
REQUISITE ZONING, UTILITY, BUILDING, HEALTH, ENVIRONMENTAL AND OPERATING PERMITS
FROM THE GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER THE PROPERTY.
IF
GRANTOR RECEIVES A NOTICE OR CLAIM FROM ANY PERSON THAT THE PROPERTY, OR ANY
USE, ACTIVITY, OPERATION OR MAINTENANCE THEREOF OR THEREON, IS NOT IN COMPLIANCE
WITH ANY LEGAL REQUIREMENT, GRANTOR WILL PROMPTLY FURNISH A COPY OF SUCH NOTICE
OR CLAIM TO HOLDER.
GRANTOR HAS RECEIVED NO NOTICE AND HAS NO KNOWLEDGE OF ANY
SUCH NONCOMPLIANCE.
(K)
MAINTENANCE, REPAIR AND RESTORATION.
GRANTOR WILL KEEP THE PROPERTY IN FIRST CLASS ORDER, REPAIR, OPERATING CONDITION
AND APPEARANCE, CAUSING ALL NECESSARY REPAIRS, RENEWALS, REPLACEMENTS, ADDITIONS
AND IMPROVEMENTS TO BE PROMPTLY MADE, AND WILL NOT ALLOW ANY OF THE PROPERTY TO
BE MISUSED, ABUSED OR WASTED OR TO DETERIORATE.
NOTWITHSTANDING THE FOREGOING,
GRANTOR WILL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF HOLDER, (I) REMOVE FROM
THE PROPERTY ANY FIXTURES OR PERSONAL PROPERTY COVERED BY THIS DEED OF TRUST
EXCEPT SUCH AS IS REPLACED BY GRANTOR BY AN ARTICLE OF EQUAL SUITABILITY AND
VALUE, OWNED BY GRANTOR, FREE AND CLEAR OF ANY LIEN OR SECURITY INTEREST (EXCEPT
THAT CREATED BY THIS DEED OF TRUST), OR (II) MAKE ANY STRUCTURAL ALTERATION TO
THE PROPERTY OR ANY OTHER ALTERATION THERETO WHICH IMPAIRS THE VALUE THEREOF. IF
ANY ACT OR OCCURRENCE OF ANY KIND OR NATURE (INCLUDING ANY CONDEMNATION OR ANY
CASUALTY FOR WHICH INSURANCE WAS NOT OBTAINED OR OBTAINABLE) SHALL RESULT IN
DAMAGE TO OR LOSS OR DESTRUCTION OF THE PROPERTY, GRANTOR SHALL GIVE PROMPT
NOTICE THEREOF TO HOLDER AND GRANTOR SHALL PROMPTLY, AT GRANTOR'S SOLE COST AND
EXPENSE AND REGARDLESS OF WHETHER INSURANCE OR CONDEMNATION PROCEEDS (IF ANY)
SHALL BE AVAILABLE OR SUFFICIENT FOR THE PURPOSE, SECURE