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permanently discharged of record by payment or otherwise, unless no Event of <br /> Default has occurred and is continuing and the Mortgagor shall in good faith and at its <br /> own expense, be contesting such lien or liens or the validity thereof by appropriate <br /> legal proceedings which shall operate to prevent the collection thereof or other <br /> realization thereon or the sale or forfeiture of the Mortgaged Property or any part <br /> thereof to satisfy the same; provided that during such contest Mortgagor shall provide <br /> an indemnity bond or other security reasonably satisfactory to Mortgagee to cover the <br /> amount of the contested item or items and the amount of the interest and penalties <br /> covering the period through which such proceedings may be expected to last, and in <br /> any event assuring the discharge of Mortgagor's obligation hereunder and of any <br /> additional charge, penalty or expense arising from or incurred as a result of such <br /> contest; and if Mortgagor shall have posted a bond as security against payment of any <br /> such lien, interest, penalties and other charges related thereto. Mortgagee shall be <br /> named as an additional obligee under the bond. Except as provided above or as <br /> expressly permitted by the Loan Agreement, Mortgagor will not directly or indirectly <br /> create, incur or suffer to exist any lien on the Mortgaged Property or any part thereof <br /> (including without limitation any lien securing the repayment of a loan made to <br /> Mortgagor by any member(s), manager(s) or governor(s) of Mortgagor), whether or <br /> not junior to the lien of this Mortgage, and such other documents as may be executed <br /> as further security for the Bonds or in favor of Mortgagee. <br /> 23. Use of Mortgaged Property. Mortgagor will maintain, preserve <br /> and renew from time to time such rights of way, easements, grants, privileges, licenses <br /> and franchises as are necessary for the use and operation of the Mortgaged Property in <br /> the manner heretofore used and operated, and will not use or operate, or permit the <br /> use or operation of, the mortgaged Property for any other purpose (other than <br /> incidental uses related to such primary use), initiate,join in or consent to any new <br /> private restrictive covenant(apart from any permitted encumbrance) easement or <br /> other public or private restrictions to the use of the Mortgaged Property, without the <br /> prior written consent in each instance of Mortgagee, which may be withheld in its <br /> reasonable discretion. Mortgagor shall, however, comply in all material respects with <br /> all lawful and restrictive covenants which may at any time affect the Mortgaged <br /> Property and with zoning ordinances and other private or public restrictions as to the <br /> use thereof. Mortgagor will not cause or maintain any nuisance in, at or on the <br /> Mortgaged Property. Mortgagor will pay or cause to be paid all charges for all public <br /> and private utility services, all public or private rail and highway services (if any), all <br /> public or private communications services and all sprinkler systems and protective <br /> services (if any) at any time rendered to or in connection with the Mortgaged Property <br /> or any part thereof, will comply in all material respects or use reasonable efforts to <br /> cause compliance with all contracts relating to any such services, and will do all other <br /> things required for the maintenance and continuance of all such services. <br /> 24. Maintenance of Mortgaged Property. Mortgagor shall maintain <br /> the Mortgaged Property, including all streets, sidewalks and curbs comprising same, <br /> in good repair and condition, and will continuously(other than during periods of <br />