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creation of the Loan, or in any City Document, or in connection with any request <br />for any action or consent by City in connection with the Loan; <br />(b) any failure to maintain insurance on the Property and the Project as <br />required pursuant to the City Documents; <br />(c) failure to pay taxes, assessments or other charges which may become <br />liens on the Property or the Project; <br />(d) the presence of Hazardous Materials (defined in Section 8.3 of the <br />Loan Agreement) on the Property or other violation of the Borrower's obligations <br />under Article VIII of the Loan Agreement or Section 7.11 of the Deed of Trust <br />(pertaining to environmental matters); <br />(e) the occurrence of any act or omission of Borrower that results in waste <br />to or of the Project or the Property and which has a material adverse effect on the <br />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 or the <br />retention of rents, insurance proceeds, or condemnation awards in violation of the <br />Deed of Trust or the Loan Agreement; <br />(h) the material misapplication of the proceeds of any insurance policy or <br />award resulting from condemnation or the exercise of the power of eminent <br />domain or by reason of damage, loss or destruction to any portion of the Project <br />or the Property; and <br />(i) the failure of Borrower to pay all amounts payable under this Note in <br />full if Borrower Transfers the Property or the Project in violation of the Loan <br />Agreement. <br />SIGNATURES) ON FOLLOWING PAGE. <br />1753869.2 8 <br />