BORROWER, WHETHER OR NOT
ALLOWED OR ALLOWABLE AS A CLAIM UNDER ANY BANKRUPTCY OR INSOLVENCY PROCEEDING).
SECTION 2.2.
OTHER OBLIGATIONS.
THIS SECURITY INSTRUMENT AND THE
GRANTS, ASSIGNMENTS AND TRANSFERS MADE IN ARTICLE 1 ARE ALSO GIVEN FOR THE
PURPOSE OF SECURING THE FULL AND TIMELY PAYMENT AND PERFORMANCE OF THE FOLLOWING
(COLLECTIVELY, THE "OTHER OBLIGATIONS"):
(A)
THE PERFORMANCE OF ALL OTHER OBLIGATIONS OF TRUSTOR CONTAINED
HEREIN;
(B)
THE PERFORMANCE OF EACH OBLIGATION OF BORROWER CONTAINED IN THE
LOAN AGREEMENT AND ANY OTHER LOAN DOCUMENT; AND
(C)
THE PERFORMANCE OF EACH OBLIGATION OF TRUSTOR OR BORROWER
CONTAINED IN ANY RENEWAL, EXTENSION, AMENDMENT, MODIFICATION, CONSOLIDATION,
CHANGE OF, OR SUBSTITUTION OR REPLACEMENT FOR, ALL OR ANY PART OF THE NOTE, THE
LOAN AGREEMENT OR ANY OTHER LOAN DOCUMENT.
SECTION 2.3.
DEBT AND OTHER OBLIGATIONS.
BORROWER'S OBLIGATIONS FOR
THE PAYMENT OF THE DEBT AND BORROWER'S AND TRUSTOR'S OBLIGATIONS FOR THE PAYMENT
AND PERFORMANCE OF THE OTHER OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, ANY
INTEREST WHICH ACCRUES AFTER THE COMMENCEMENT OF ANY BANKRUPTCY OR INSOLVENCY
PROCEEDING WITH RESPECT TO TRUSTOR OR BORROWER, WHETHER OR NOT ALLOWED OR
ALLOWABLE AS A CLAIM UNDER ANY BANKRUPTCY OR INSOLVENCY PROCEEDING), IN EACH
CASE WHETHER NOW OR HEREAFTER DUE, OWING OR INCURRED IN ANY MANNER, WHETHER
DIRECT OR INDIRECT, ACTUAL OR CONTINGENT, WHETHER INCURRED SOLELY OR JOINTLY
WITH ANY OTHER PERSON AND WHETHER AS PRINCIPAL OR SURETY (AND INCLUDING ALL
LIABILITIES IN CONNECTION WITH ANY NOTES, BILLS OR OTHER INSTRUMENTS ACCEPTED BY
BENEFICIARY IN CONNECTION THEREWITH), TOGETHER IN EACH CASE WITH ALL RENEWALS,
MODIFICATIONS, CONSOLIDATIONS OR EXTENSIONS THEREOF, SHALL BE REFERRED TO
COLLECTIVELY HEREIN AS THE "OBLIGATIONS".
ARTICLE III.
TRUSTOR COVENANTS
Trustor represents, warrants, covenants and agrees that:
6
SECTION 3.1.
MAINTENANCE OF PROPERTY.
TRUSTOR SHALL CAUSE THE
PROPERTY TO BE MAINTAINED IN A GOOD AND SAFE CONDITION AND REPAIR.
THE
IMPROVEMENTS, THE FIXTURES, THE EQUIPMENT AND THE PERSONAL PROPERTY SHALL NOT BE
REMOVED, DEMOLISHED OR MATERIALLY ALTERED (EXCEPT FOR NORMAL REPLACEMENT OF THE
FIXTURES, THE EQUIPMENT OR THE PERSONAL PROPERTY, TENANT FINISH AND
REFURBISHMENT OF THE IMPROVEMENTS) WITHOUT THE CONSENT OF BENEFICIARY OR AS
OTHERWISE PERMITTED PURSUANT TO THE LOAN AGREEMENT.
TRUSTOR SHALL PROMPTLY
REPAIR, REPLACE OR REBUILD ANY PART OF THE PROPERTY WHICH MAY BE DESTROYED BY
ANY CASUALTY OR BECOME DAMAGED, WORN OR DILAPIDATED OR WHICH MAY BE AFFECTED BY
ANY CONDEMNATION, AND SHALL COMPLETE AND PAY FOR ANY STRUCTURE AT ANY TIME IN
THE PROCESS OF CONSTRUCTION OR REPAIR ON THE LAND.
SECTION 3.2.
WASTE.
TRUSTOR SHALL NOT COMMIT OR SUFFER ANY WASTE OF
THE PROPERTY OR MAKE ANY CHANGE IN THE USE OF THE PROPERTY WHICH WILL IN ANY WAY
MATERIALLY INCREASE THE RISK OF FIRE OR OTHER HAZARD ARISING OUT OF THE
OPERATION OF THE PROPERTY, OR TAKE ANY ACTION THAT MIGHT INVALIDATE OR ALLOW THE
CANCELLATION OF ANY POLICY, OR DO OR PERMIT TO BE DONE THEREON ANYTHING THAT MAY
IN ANY WAY MATERIALLY IMPAIR THE VALUE OF THE PROPERTY OR THE SECURITY OF THIS
SECURITY INSTRUMENT.
TRUSTOR WILL NOT, WITHOUT THE PRIOR