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other federal, state or local law, ordinance or regulation; (ii) there are no threatened or <br />pending actions, suits, or administrative proceedings against or affecting the Property or <br />any portion thereof or the interest of Trustor in the Property; (iii) there are no threatened <br />or pending condemnation, eminent domain, or similar proceedings affecting the Land or <br />any portion thereof; (iv) Trustor has not received any notice from any insurer of defects <br />of the Property which have not been corrected; (v) there are no natural or artificial <br />conditions upon the Land or any part thereof that could result in a material and adverse <br />change in the condition of the Land; (vi) all information that Trustor has delivered to <br />Beneficiary, either directly or through Trustor's agents, is accurate and complete; and <br />(vii) Trustor or Trustor's agents have disclosed to Beneficiary all material facts <br />concerning the Property. <br />7.3 Authority. Trustor represents and warrants that this Leasehold Deed of <br />Trust and all other documents delivered or to be delivered by Trustor in connection <br />herewith: (a) have been duly authorized, executed, and delivered by Trustor; (b) are <br />binding obligations of Trustor; and (c) do not violate the provisions of any agreement to <br />which Trustor is a party or which affects the Property. Trustor further represents and <br />warrants that there are no pending, or to Trustor's knowledge, threatened actions or <br />proceedings before any court or administrative agency which may adversely affect <br />Trustor's leasehold or ownership interest in the Property. <br />7.4 Payment and Performance of Secured Obligations. Trustor shall <br />promptly pay and perform all obligations of Trustor arising in connection with the <br />Secured Obligations in accordance with the respective terms thereof. <br />7.5 Use of Loan Proceeds: Preservation and Maintenance of Property; <br />Compliance with Laws. Trustor covenants that it shall use the Loan Proceeds solely for <br />purpose of financing the Project in accordance with the Loan Agreement. Trustor shall <br />keep the Land and Improvements in good repair and condition, and from time to time <br />shall make necessary repairs, renewals and replacements thereto so that the Property <br />shall be preserved and maintained. Trustor covenants to comply with all federal, state <br />and local laws, regulations, ordinances and rules applicable to the Property and the <br />Project, including without limitation all applicable requirements of state and local <br />building codes and regulations, Prevailing Wage Laws, and all applicable statutes and <br />regulations relating to accessibility for the disabled. Trustor shall not remove, demolish <br />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 />improvement which may be constructed, damaged, or destroyed thereon, and shall pay <br />when due all claims for labor performed and materials furnished therefor. Trustor shall <br />use the Land and Improvements solely for purposes authorized by the Loan <br />Documents, shall not commit or allow waste of the Property, and shall not commit or <br />allow any act upon or use of the Property which would violate any applicable law or <br />order of any governmental authority, nor shall Trustor bring on or keep any article on the <br />Property or cause or allow any condition to exist thereon which could invalidate or which <br />would be prohibited by any insurance coverage required to be maintained on the <br />Property pursuant to the Loan Documents. <br />2 <br />