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132777076v2 4 ARTICLE I COVENANTS OF THE MORTGAGOR The Mortgagor further covenants and agrees as follows: Section 1.1 Payment of Utility Charges, Taxes and Assessments. Mortgagor shall, before any penalty attaches thereto, pay or cause to be paid all charges made for electricity, gas, heat, water, or sewer furnished or used in connection with the Mortgaged Property, and all taxes, assessments, levies and encumbrances of every nature heretofore or hereafter assessed against the Mortgaged Property and upon demand will furnish the Mortgagee receipted bills evidencing such payment. Nothing in this section shall require the payment or discharge of any obligation imposed upon the Mortgagor so long as the Mortgagor shall in good faith and at its own expense contest the same or the validity thereof by appropriate legal proceeding which shall operate to prevent the collection thereof or other realization thereon and the sale or forfeiture of the Mortgaged Property or any part thereof to satisfy the same; provided that during such contest the Mortgagor shall, at the option of the Mortgagee, provide security satisfactory to the Mortgagee, assuring the discharge of the Mortgagor’s obligation under said section and of any additional charge, penalty or expense arising from or incurred as a result of such contest; and provided further, that if at any time payment of any obligation imposed upon the Mortgagor by said section shall become necessary to prevent the delivery of a tax deed conveying the Mortgaged Property or any portion thereof because of nonpayment, then Mortgagor shall pay the same in sufficient time to prevent the delivery of such tax deed. Section 1.2 Liens. Except for (i) liens and encumbrances listed on Exhibit B hereto, (ii) purchase money security interests in furniture, equipment, or other personal property and (iii) security interests in equipment hereafter acquired (the “Permitted Encumbrances”) or any other liens consented to in writing by the Mortgagee, the Mortgagor will keep the Mortgaged Property free from all liens and encumbrances of every nature heretofore or hereafter arising which might or could be prior to or equal to the security interest of this Mortgage; and upon written demand of the Mortgagee, the Mortgagor will pay and procure the release of any such lien or encumbrance. Section 1.3 Care of Property. The Mortgagor will take good care of the Mortgaged Property, and will maintain the same in good repair and condition, ordinary depreciation excepted, and will commit or permit no waste and will not construct any new buildings, structures or other improvements on the Land nor add to or alter the design or structural character of any building, structure or other improvement now or hereafter erected upon the Land if, in the reasonable opinion of the Mortgagee, it would impair or lessen the value of the Mortgaged Property, and will not remove or permit removal of any buildings, structures or other improvements or fixtures of any kind from the Land nor do any act that would impair or lessen the value of the Mortgaged Property. The Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Mortgaged Property.