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(a) any fraud or material misrepresentation on the part of the Borrower, <br /> any general partner thereof, or any officer, director or authorized representative of <br /> Borrower or any general partner thereof in connection with the request for or <br /> 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 7.1 I of the Deed of Trust <br /> (pertaining to environmental matters); <br /> (e) the occurrence of any act or omission of Iorrower 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 /> SIGNATURE(S) ON FOLLOWING PAGE. <br /> 1762578.2 8 <br />