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(b) Amendment, Etc. of Documents. Not amend, cancel, terminate, <br /> supplement or waive any of the material terms, covenants and conditions of any permit or <br /> agreement issued or made by the City or any other governmental body having jurisdiction <br /> over the Loan Property, or any other contracts obtained or held by Borrower and/or <br /> Entity Guarantor in connection with any contracts, documents or agreements referred to <br /> herein without the prior written approval of Lender. <br /> (c) Performance of Note etc. Without limiting the foregoing, keep and <br /> perform all of the terms, covenants, conditions and requirements of the Note, the <br /> Mortgage, and this Agreement. <br /> (d) Insurance. During the term of this Agreement, Borrower shall procure and <br /> maintain or cause to be procured and maintained at its sole expense, casualty insurance, <br /> public liability insurance and such other types of insurance as are reasonably required by <br /> Lender from time to time, including without limitation the coverages expressly required <br /> by the Mortgage, with coverages and in amounts normally held by owners of property <br /> similar to the Loan Property (as improved) and with companies satisfactory to Lender. <br /> The policy or policies or duly executed certificate or certificates for such insurance and <br /> renewals or replacements thereof shall be deposited with Lender. <br /> (e) Pay Charges. Pay at closing, or within 30 days of written notice from the <br /> Lender, all loan charges including, but not limited to: (i) Lender's attorneys' fees; (ii)title <br /> insurance fees, costs and premiums; and (iii) filing fees of any instruments required under <br /> this Agreement. <br /> (f) Default Notices. Provide Lender with a copy of any default notice <br /> received by the Borrower or the Entity Guarantor pursuant to any documents related to <br /> any financing secured by the Loan Property,promptly after receipt of the same. <br /> (g) Continual Operation. At all times while any portion of the Loan remains <br /> outstanding, Borrower will: (i) maintain its status as a for profit entity; (ii) maintain a <br /> positive net worth; and (iii) will operate its business from the Loan Property in a first <br /> class manner. <br /> 12. Warranties. Borrower represents and warrants to Lender the following: <br /> (a) The Borrower corporation duly formed, validly existing and in good <br /> standing under the laws of the State of Minnesota. <br /> (b) The making and performance of this Agreement and the execution and <br /> delivery of the Note, the Mortgage, and any other instrument required hereunder are <br /> within the powers of the Borrower and the Entity Guarantor and have been duly <br /> authorized by all necessary company action on the part of the Borrower and the Entity <br /> Guarantor. This Agreement and the Note, Mortgage, and any other instruments required <br /> hereunder have been duly executed and delivered and are the legal, valid and binding <br /> 5 <br /> 477330v1 EL185-40 <br />