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e.The application for the appointment of a receiver for Borrower or any guarantor; or <br />the filing of a petition under any provisions of the Bankruptcy Code or Act by <br />Borrower or any guarantor; or the filing of a petition under any provisions of the <br />Bankruptcy Code or Act against Borrower or guarantor which is not dismissed within <br />30 days; or the filing of an answer in an involuntary proceeding admitting insolvency <br />or inability to pay debts; or any assignment for the benefit of creditors by or against <br />Borrower or any guarantor; or the attachment, execution or other judicial seizure of <br />any portion of Borrower's or any guarantor's assets which is not discharged within ten <br />(10) days; or <br />f.The failure of any Borrower to perform any other non-monetary obligation or <br />condition of the Loan Documents within 30 days after notice from Lender; provided <br />that if such default cannot reasonably be cured within 30 days, it shall not constitute <br />an Event of Default as long as Borrower is diligently pursuing such cure unless it is <br />not cured within 180 days after the original notice of default from Lender. <br />Upon any Event of Default, the entire principal sum evidenced by the Note and accrued <br />but unpaid interest hereon may, at the sole option of Lender, be declared at once due and <br />payable, time being of the essence of this obligation. Failure of Lender to exercise this <br />option in the event of any Event of Default shall not constitute a waiver of the right of <br />Lender to exercise the same in the event of a subsequent Event of Default. <br />13.Use of Premises.Unless required by applicable law or unless Lender has otherwise <br />agreed in writing, Borrower shall not allow changes in the use for which all or any part of the <br />Premises was intended at the time this Deed of Trust was executed. Borrower shall not initiate or <br />acquiesce in a change in the zoning classification of the Premises without Lender's prior written <br />consent. <br />14.Inspection.To assure and protect its rights under this Deed of Trust, Lender shall <br />have the fight to access and inspection of the Premisesat reasonable times and upon reasonable <br />notice to Borrower. <br />15.Application of Payments. All payments and other sums of money received by Lender <br />shall be applied by Lender first to amounts due Lender for Advancements or Attorney's Fees <br />pursuant to this Deed of Trust, then to interest payable of the Note, then to the principal of the <br />Note, then to other payments due under the Loan Documents including equity payments <br />provided for in the Development Agreement and the Declaration of Restrictive Covenants. <br />16.Environmental Issues. <br />a.Borrower warrants that, (i) to the best of Borrower's knowledge, the Premises and the <br />land described in AttachmentA attached hereto (the "Land") are free of Hazardous <br />Materials, (ii) neither Borrower, nor to the best of Borrower'sknowledge, anyone else <br />connected with the Premises or the Land has received any notice from any <br />governmental agency, entity or other person with regard to Hazardous Materials, <br />DocuSign Envelope ID: 12C19140-2C02-498E-AD84-772B4830D31B