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conditional sales contracts, (vi) there is no financingstatement affecting the Property on file in <br /> any public office other than as disclosed in writing to Beneficiary; and (vii) the correct address of <br /> Trustor's chief executive office is specified in Section 10.2. <br /> 7.2 Condition of Property. Trustor represents and warrants that except as disclosed to <br /> Beneficiary in writing, as of the date hereof: (i) Trustor has not received any notice from any <br /> governmental authority of any threatened or pending zoning, building, fire, or health code <br /> violation or violation of other governmental regulations concerning the Property that has not <br /> previously been corrected, and no condition on the Land violates any health, safety, fire, <br /> environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ii) <br /> no contracts, licenses, leases or commitments regarding the maintenance or use of the Property <br /> or allowing any third party rights to use the Property are in force; (iii) there are no threatened or <br /> pending actions, suits, or administrative proceedings against or affecting the Property or any <br /> portion thereof or the interest of Trustor in the Property; (iv) there are no threatened or pending <br /> condemnation, eminent domain, or similar proceedings affecting the Property or any portion <br /> thereof; (v) Trustor has not received any notice from any insurer of defects of the Property which <br /> have not been corrected; (vi) there are no natural or artificial conditions upon the Land or any <br /> part thereof that could result in a material and adverse change in the condition of the Land; (vii) <br /> all information that Trustor has delivered to Beneficiary, either directly or through Trustor's <br /> agents, is accurate and complete; and (viii) Trustor or Trustor's agents have disclosed to <br /> Beneficiary all material facts concerning the Property. <br /> 7.3 Authority. Trustor represents and warrants that this Deed of Trust and all other <br /> documents delivered or to be delivered by Trustor in connection herewith: (a) have been duly <br /> authorized, executed, and delivered by Trustor; (b) are binding obligations of Trustor; and (c) do <br /> not violate the provisions of any agreement to which Trustor is a party or which affects the <br /> Property. Trustor further represents and warrants that there are no pending, or to Trustor's <br /> knowledge, threatened actions or proceedings before any court or administrative agency which <br /> may adversely affect Trustor's ownership of the Property. <br /> 7.4 Payment and Performance of Secured Obligations. Trustor shall promptly pay <br /> when due the principal and any interest due on the indebtedness evidenced by the Note, and shall <br /> promptly pay and perform all other obligations of Trustor arising in connection with the Secured <br /> Obligations or the Loan Documents in accordance with the respective terms thereof. <br /> 7.5 Use of Loan Proceeds; Preservation and Maintenance of Property; Compliance <br /> with Laws. Trustor covenants that it shall use the proceeds of the Loan solely for purposes <br /> authorized by the Loan Documents. Trustor covenants that it shall keep the Land and <br /> Improvements in good repair and condition, and from time to time shall make necessary repairs, <br /> renewals and replacements thereto so that the Property shall be preserved and maintained. <br /> Trustor covenants that it shall comply with all federal, state and local laws, regulations, <br /> ordinances and rules applicable to the Property and the Project, including without limitation all <br /> applicable provisions of the federal Davis -Bacon Act and the California Labor Code, all <br /> applicable requirements of state and local building codes and regulations, and all applicable <br /> statutes and regulations relating to accessibility for the disabled. Trustor shall not remove, <br /> demolish or materially alter any Improvement without Beneficiary's consent, shall complete or <br /> restore promptly and in good and workmanlike manner any building, fixture or other <br /> 1755157.4 6 <br />