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access to and copies of any- and all data and documents relating to or dealing with any <br />Hazardous Materials used, generated, manufactured, stored or disposed of at the Property <br />within tive (5) days of the request therefore. <br />5.7 Ownership of Assets. Except as detailed in ~'lrticle V[, Section 6 1, <br />maintain title to the Property free and clear of all Dens and other encumbrances, except <br />those granted to City pursuant to the Deed of Trust and/or the other i_.oan Documents." <br />3.12 Anew Article VIA. is hereby added to the Loan Agreement to read as follows: <br />"ARTiCLF. Vi A. <br />NF;GATIVF: COVFNAI~TTS <br />Lntil full payment and performance of aft obligations of JQH and JQH-San 1~Iarcos, as <br />appropriate, under the Loan Documents, JQH-San Marcus will not, wrthout the prior <br />written consent of City (and without limrtmg any requirement of any other Loan <br />Documents): <br />6.1 Liens. Grant, suffer or permit any contractual ur noncontractual lien on <br />or security interest in the Property except in favor of City or except with the prior written <br />consent of City (which may be withheld ~n its reasonable discretion), or fail to promptly <br />pay when due all lawti~l claims, whether for labor, materials or otherwise, City hereby <br />agrees that if a Master Development Agreement is entered into beriveen the Parties, such <br />Master Development Agreement will contain a covenant on the part of City to (i) <br />subordinate the City's Deed of Trust lien on the Property to a Financing Lien, provided <br />JQH-San Marcos has not defaulted under the terms of the Master Development <br />Agreement at the time such Financing Lien is granted; and (ii) execute any and all <br />reasonable documentation in connection therewith, including, but not limited to, a <br />Subordination Agreement. <br />6.2 T,iquidation. Dissolution, Transfers. Voluntarily liquidate, or dissolve or <br />transfer management, ownership, or control of the Property. <br />6.3 Organizalional_D~curnenas, Amend the instrument(s) that govern JQH- <br />San Marcos or pursuant to which JQH-San Marcos is organized. <br />6.4 Chief F,xecutive Uffice. Without giving City thirty (30) days prior <br />written notice, change the JQEI-San Marcos Chief 1/xecutive Office.'' <br />98jR97.7 <br />