Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted: (A) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04. (B) Replacement of tangible Personalty. (C) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement. (D) Repairs and Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c). (E) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicable.
Appears in 9 contracts
Samples: Seniors Housing Loan and Security Agreement (NorthStar Healthcare Income, Inc.), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to the terms of Sections 4.03 or 4.04.
, (Bii) Replacement in connection with the replacement of tangible Personalty.
, (Ciii) If if Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
, (Div) Repairs and Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to the terms of Sections 6.09(a) and (c).
, and (Ev) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicable.
Appears in 6 contracts
Samples: Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.), Seniors Housing Loan and Security Agreement (Care Investment Trust Inc.), Seniors Housing Loan and Security Agreement (Care Investment Trust Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(Bii) Replacement Repairs or Capital Replacements made in connection with the replacement of tangible Personalty.
(Ciii) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(Div) Repairs and or Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(Ev) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicableReserved.
(vi) Reserved.
Appears in 5 contracts
Samples: Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(A) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(B) Replacement of tangible Personalty.
(C) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(D) Repairs and Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(E) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicable.
(ii) Reserved.
Appears in 3 contracts
Samples: Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (KBS Legacy Partners Apartment REIT, Inc.), Multifamily Loan and Security Agreement (Bluerock Enhanced Multifamily Trust, Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(Bii) Replacement Repairs or Capital Replacements made in connection with the replacement of tangible Personalty.
(Ciii) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(Div) Repairs and or Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(Ev) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicableReserved.
Appears in 2 contracts
Samples: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement (New Senior Investment Group Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(Bii) Replacement Repairs or Capital Replacements made in connection with the replacement of tangible Personalty.
(Ciii) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(Div) Repairs and or Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(Ev) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicableReserved.
(vi) Reserved.
(vii) Reserved.
(viii) Reserved.
Appears in 2 contracts
Samples: Multifamily Loan and Security Agreement (Steadfast Apartment REIT, Inc.), Multifamily Loan and Security Agreement (Steadfast Apartment REIT, Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by LenderLxxxxx, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, LenderLxxxxx’s security or LenderLxxxxx’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(Bii) Replacement Repairs or Capital Replacements made in connection with the replacement of tangible Personalty.
(Ciii) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(Div) Repairs and or Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(Ev) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicableReserved.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Sentio Healthcare Properties Inc)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(Ai) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(Bii) Replacement Repairs or Capital Replacements made in connection with the replacement of tangible Personalty.
(Ciii) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(Div) Repairs and or Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c). (v) Reserved.
(E) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicable.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Steadfast Apartment REIT, Inc.)
Alteration of Mortgaged Property. (i) Borrower will give Notice to Lender of and, unless otherwise directed in writing by Lender, will appear in and defend any action or proceeding purporting to affect the Mortgaged Property, Lender’s 's security or Lender’s 's rights under this Loan Agreement. Borrower will not (and will not permit any tenant or other Person to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property, including any removal, demolition or alteration occurring in connection with a rehabilitation of all or part of the Mortgaged Property, except that each of the following is permitted:
(A) Repairs or Capital Replacements pursuant to Sections 4.03 or 4.04.
(B) Replacement of tangible Personalty.
(C) If Borrower is a cooperative housing corporation or association, Repairs or Capital Replacements to the extent permitted with respect to individual dwelling units under the form of a proprietary lease or occupancy agreement.
(D) Repairs and Capital Replacements in connection with making an individual unit ready for a new occupant or pursuant to Sections 6.09(a) and (c).
(E) Repairs made in connection with and pursuant to the Repair Schedule of Work, if applicable.
(ii) Reserved.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.)