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12. Miscellaneous Covenants of Borrower. Borrower covenants and agrees <br /> with Lender that, without costs to Lender, Borrower will: <br /> (a) Performance of Conditions. Promptly keep, perform and comply with all <br /> of the terms, covenants and conditions to be kept and performed by <br /> Borrower, as required by the City and any other governmental body <br /> having jurisdiction over the Loan Property as a condition of platting, <br /> rezoning or developing the Loan Property; keep unimpaired the rights of <br /> Borrower under any permit or agreement issued or made by the City or <br /> other governmental body having jurisdiction over the Loan Property and <br /> any contracts obtained or held by Borrower in connection with the <br /> construction or operation of the Improvements; and to enforce the prompt <br /> performance of all of the terms, covenants and conditions to be kept and <br /> performed by the City or other governmental body having jurisdiction <br /> over the Loan Property, respectively, under any permits or agreements <br /> issued or made by the City or such other governmental bodies, and any <br /> contractors under all contracts obtained or held by Borrower in connection <br /> with construction or operation of the Improvements or Borrower's <br /> business. <br /> (b) Amendment, Etc. of Documents. Not amend, cancel, terminate, <br /> supplement or waive any of the material terms, covenants and conditions <br /> of any permit or agreement issued or made by the City or any other <br /> governmental body having jurisdiction over the Loan Property, or any <br /> other contracts obtained or held by Borrower in connection with the <br /> construction or operation of the Improvements or any contracts, <br /> documents or agreements referred to herein without the prior written <br /> approval of Lender. Borrower will provide to Lender complete <br /> documentation concerning any change made to the Project. <br /> (c) Performance of Note, Mortgage, Etc. Without limiting the foregoing, <br /> keep and perform all of the terms, covenants, conditions and requirements <br /> of the Note, the Mortgage, this Agreement and the Prior Mortgage <br /> Documents. <br /> (d) Insurance. During the term of the Mortgage, Borrower shall procure and <br /> maintain or cause to be procured and maintained at its sole expense <br /> builder's risk insurance, casualty insurance, public liability insurance and <br /> such other types of insurance as are reasonably required by Lender from <br /> time to time, including, without limitation, the coverages expressly <br /> required by the Mortgage, insuring Lender and Borrower with coverages, <br /> in amounts and with companies satisfactory to Lender. The policy or <br /> policies or duly executed certificate or certificates for such insurance and <br /> renewals or replacements thereof shall be deposited with Lender. <br /> -6- <br />