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533940v3 GAF EL185-57 <br />-6- <br />permit or agreement issued or made by the City or other governmental body <br />having jurisdiction over the Loan Property and the Construction Contracts and <br />any other 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 over the <br />Loan Property, respectively, under any permits or agreements issued or made by <br />the City or such other governmental bodies, or by any design professional, the <br />general contractor and any other contractors under all contracts obtained or held <br />by Borrower in connection with construction or operation of the Improvements. <br /> <br />(b) Amendment, Etc. of Documents. Not amend, cancel, terminate, <br />supplement or waive any of the material terms, covenants and conditions of any <br />permit or agreement issued or made by the City or any other governmental body <br />having jurisdiction over the Loan Property, or any other contracts obtained or held <br />by Borrower in connection with the construction or operation of the <br />Improvements or any contracts, documents or agreements referred to herein <br />without the prior written approval of Lender. Borrower will provide to Lender <br />complete documentation concerning any change made to the Project. <br /> <br />(c) Performance of Note, Security Agreement, Etc. Without limiting <br />the foregoing, keep and perform all of the terms, covenants, conditions and <br />requirements of the Note, the Security Agreement, and this Agreement. <br />(d) Insurance. During the term of the Mortgage, Borrower shall <br />procure and maintain or cause Corporate Guarantor to procure and maintain at <br />each party’s sole expense casualty insurance, public liability insurance and such <br />other types of insurance as are reasonably required by Lender from time to time, <br />including, without limitation, the coverages expressly required by the Mortgage, <br />insuring Lender and Borrower with coverages, in amounts and with companies <br />satisfactory to Lender. The policy or policies or duly executed certificate or <br />certificates for such insurance and renewals or replacements thereof shall be <br />deposited with Lender. <br /> <br />(e) Pay Charges. Immediately pay all loan charges including, but not <br />limited to: (i) Lender’s reasonable attorneys’ fees up to Five Thousand and <br />No/100 ($5,000.00) Dollars for the preparation of the Loan documents; (ii) title <br />insurance fees, costs and premiums; (iii) mortgage registration taxes and filing <br />fees of the Mortgage and any other instruments required under this Agreement. <br /> <br />(f) Copies of Plans, Contracts, etc. Furnish Lender from time to time <br />as reasonably requested by Lender, copies of the any plans and specification and <br />any contracts relating to the Improvements, together with estimated costs of such <br />Improvements. <br /> <br />(g) Title. Except as specifically set forth herein, as of the Closing <br />Date Borrower owns a fee title interest in the Loan Property and owns or within