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without written consent of Lender which consent may be granted or withheld in the sole <br /> discretion of Lender. This requirement shall apply to each and every sale, transfer, lease <br /> or conveyance, whether voluntary or involuntary and whether or not Lender has <br /> consented to any such prior sale, transfer lease or conveyance. <br /> 10. Time of Essence. Time is of the essence in the performance of this <br /> Agreement. <br /> 11. Assignability. Borrower shall not assign this Agreement or all or any part <br /> of any advances to be made hereunder without written consent of Lender which consent <br /> may be granted or withheld in the sole discretion of Lender. <br /> 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 and/or Entity Guarantor, as required by the City and any other <br /> governmental body having jurisdiction over the Loan Property as a <br /> condition of platting, rezoning or developing the Loan Property; keep <br /> unimpaired the rights of Borrower and/or Entity Guarantor under any <br /> permit or agreement issued or made by the City or other governmental <br /> body having jurisdiction over the Loan Property and any contracts <br /> obtained or held by Borrower and/or Entity Guarantor in connection with <br /> the construction or operation of the Improvements; and to enforce the <br /> prompt performance of all of the terms, covenants and conditions to be <br /> kept and performed by the City or other governmental body having <br /> jurisdiction over the Loan Property, respectively, under any permits or <br /> agreements issued or made by the City or such other governmental bodies, <br /> and any contractors under all contracts obtained or held by Borrower <br /> and/or Entity Guarantor in connection with construction or operation of <br /> the Improvements or Borrower's 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 and/or Entity Guarantor in <br /> connection with the construction or operation of the Improvements or any <br /> contracts, documents or agreements referred to herein without the prior <br /> written approval of Lender. Borrower will provide to Lender complete <br /> documentation concerning any change made to the Project. <br /> (c) Performance of Note, Security Agreement, Etc. Without limiting the <br /> foregoing, keep and perform all of the terms, covenants, conditions and <br /> requirements of the Note, the Security Agreement, this Agreement, the <br /> -8- <br />