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7.2. Condition of Property.Trustor represents and warrants that except as disclosed to Beneficiary in writing, as of the date hereof: (i) Trustor has not received nor is Trustor aware that BART has received any notice from any governmental authority of any threatened or pending zoning, building, fire, or health code violation or violation of other governmental regulations concerning the Property that has not previously been corrected, (ii) to Trustor's actual knowledge no condition on the Land violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (iii) to Trustor's actual knowledge no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (iv) to Trustor's actual knowledge there are no threatened or pending actions, suits, or administrative proceedings against or affecting the Property or any portion thereof or the interest of Trustor in the Property; (v) to Trustor's actual knowledge there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (vi)Trustor has not received any notice from any insurer of defects of the Property which have not been corrected; (vii) to Trustor's actual knowledge there are no natural or artificial conditions upon the Land or any part thereof that could result in a material and adverse change in the condition of the Land; (viii) all information that Trustor has delivered to Beneficiary,either directly or through Trustor's agents, is accurate and complete; and (ix)Trustor or Trustor's agents have disclosed to Beneficiary all material facts concerning the Property. As used is this Deed of Trust, the phrase "Trustor's actual knowledge" means the actual knowledge of the following persons as of the Effective Date,based upon reasonable investigation: Adhi Nagraj, Project Manager. 7.3. Authority. Trustor represents and warrants that this Deed of Trust and all other documents delivered or to be delivered by Trustor in connection herewith: (a)have been duly authorized, executed, and delivered by Trustor; (b) are binding obligations of Trustor; and(c) do not violate the provisions of any agreement to which Trustor is a party or which affects the Property. Trustor further represents and warrants that there are no pending, or to Trustor's actual knowledge,threatened actions or proceedings before any court or administrative agency which may adversely affect Trustor's ownership of the Property. 7.4. Payment and Performance of Secured Obligations. Trustor shall promptly pay when due the principal and any interest due on the indebtedness evidenced by the Note, and shall promptly pay and perform all other obligations of Trustor arising in connection with the Secured Obligations or the Loan Documents in accordance with the respective terms thereof. 7.5. Use of Loan Proceeds; Preservation and Maintenance of Property; Compliance with Laws. Trustor covenants that it shall use the proceeds of the Loan (the "Loan Proceeds") solely for purposes authorized by the Loan Documents. Trustor covenants that it shall keep the Land and Improvements in good repair and condition, and from time to time shall make necessary repairs, renewals and replacements thereto so that the Property shall be preserved and maintained. Trustor covenants that it shall comply with all federal, state and local laws, regulations, ordinances and rules applicable to the Property and the Project, including without limitation all applicable requirements of state and local building codes and regulations and all applicable statutes and regulations relating to accessibility for the disabled. Trustor shall not remove, demolish or materially alter any Improvement without Beneficiary's consent, shall complete or restore promptly and in good and workmanlike manner any building, fixture or other improvement which may be constructed, damaged, or destroyed thereon, and shall pay when due 144\221\1596079.2