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(a) any fraud or material misrepresentation on the part of the <br />Borrower, any general partner thereof, or any officer, director or <br />authorized representative of Borrower or any general partner thereof in <br />connection with the request for or creation of the Loan, or in any Agency <br />Document, or in connection with any request for any action or consent by <br />Agency in connection with the Loan; <br />(b) any failure to maintain insurance on the Property and the <br />Project as required pursuant to the Agency Documents; <br />(c) failure to pay taxes, assessments or other charges which <br />may become liens on the Property or the Project; <br />(d) the presence of Hazardous Materials on the Property or <br />other violation of the Borrower's obligations under Section 8.1 of the OPA <br />or Section 7.9 of the Deed of Trust (pertaining to environmental matters); <br />(e) the occurrence of any act or omission of Borrower that <br />results in waste to or of the Project or the Property and which has a <br />material adverse effect on the value of the Project or the Property; <br />(f) the material misapplication of the Loan proceeds; <br />(g) the removal or disposal of any personal property or fixtures <br />or the retention of rents, insurance proceeds, or condemnation awards in <br />violation of the Deed of Trust; and <br />(h) the material misapplication of the proceeds of any insurance <br />policy or award resulting from condemnation or the exercise of the power <br />of eminent domain or by reason of damage, loss or destruction to any <br />portion of the Project or the Property. <br />SIGNATURE ON FOLLOWING PAGE <br />1180323-5 C~ <br />