6.1 EDSR 05-16-2016 - Laserfiche WebLink

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terms,covenants and conditions to be kept and performed by the City or other governmental body having jurisdiction over the Loan Property,respectively, under any permits or agreements issued or made by the City or such other governmental bodies, and any contractors under all contracts obtained or held by Borrower and/or Entity Guarantor in connection with construction or operation of the Improvements or Borrower's business. (b) Amendment, Etc. of Documents. Not amend, cancel, terminate, supplement or waive any of the material terms, covenants and conditions of any permit or agreement issued or made by the City or any other governmental body having jurisdiction over the Loan Property, or any other contracts obtained or held by Borrower in connection with the construction or operation of the improvements or any contracts, documents or agreements referred to herein without the prior written approval of Lender. (c) Performance of Note, Security Agreement, Etc. Without limiting the foregoing, keep and perform all of the terms, covenants, conditions and requirements of the Note,the Security Agreement,and this Agreement. (d) Insurance. During the term of the this Agreement, Borrower shall procure and maintain or cause to be procured and maintained at its sole expense, casualty insurance, public liability insurance and such other types of insurance as are reasonably required by Lender from time to time, including, without limitation, the coverages expressly required of Borrower by the Mortgage, insuring Lender, in amounts and with companies satisfactory to Lender. The policy or policies or duly executed certificate or certificates for such insurance and renewals or replacements thereof shall be deposited with Lender. (e) Pay Charges. Immediately pay: (1) One percent (1%) processing fee (if not already paid): (ii) all of Lender's attorneys' fees; and (iii)all loan charges including, but not limited to, recording fees and Mortgage Registration Taxes for the Mortgage and any other instruments required under this Agreement, except to the extent otherwise payable by Lender. (f) Continual Operation. At all times while any portion of the Loan remains outstanding, Borrower will: (i) maintain its status as a for profit entity; (ii) maintain a positive net worth; and (iii) will operate its business from the Loan Property (from and after issuance of the Certificate of Occupancy for the Loan Property). (g) Default Notices. Provide Lender with a copy of any default notice received pursuant to any other loan documents(to the extent that such notice is sent by a party other than Lender) or any governmental authority, promptly after receipt of the same. (h) Title to Equipment. Borrower owns or will own all of the Equipment 'free and clear," that Lender will have a "first priority" lien in the Equipment pursuant to the Security Agreement and that no other party has any right,title or interest in the Equipment. I]4124v5 -8-