CARE AND USE OF THE PROPERTY. (a) Borrower represents and warrants to Lender as follows: (i) All authorizations, licenses and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect. (ii) To the best of Borrower's knowledge, except as previously disclosed in writing to Lender, the Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower shall furnish Lender, on request, reasonable evidence of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution Date. Borrower shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 6 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
CARE AND USE OF THE PROPERTY. (a) Borrower represents and warrants to Lender as follows:
(i) All authorizations, licenses and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best of Borrower's ’s knowledge, except as previously disclosed in writing to Lender, the Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower shall furnish Lender, on request, reasonable evidence of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution Date. Borrower shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "“Requirements" ” shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 4 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
CARE AND USE OF THE PROPERTY. (a) Borrower represents and warrants to Lender as follows:
(i) All authorizations, licenses licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best of Borrower's knowledge, except as previously disclosed in writing to Lender, the The Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower and/or Operating Lessee as applicable shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower shall furnish Lender, on request, reasonable evidence proof of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution DateRequirements. Borrower and/or Operating Lessee as applicable shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "“Requirements" ” shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 2 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
CARE AND USE OF THE PROPERTY. (a) Borrower Trustor represents and warrants to Lender and agrees with Beneficiary as follows:
(i) All To the best knowledge of Trustor, except as may be otherwise known to Beneficiary, all authorizations, licenses licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best knowledge of Borrower's knowledgeTrustor, except as previously disclosed in writing may be otherwise known to LenderBeneficiary, the Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower Trustor shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower Trustor shall furnish LenderBeneficiary, on request, reasonable evidence proof of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution DateRequirements. Borrower Trustor shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Maguire Properties Inc)
CARE AND USE OF THE PROPERTY. (a) Borrower Affiliated Guarantor represents and warrants to Lender as follows:
(i) All authorizations, licenses licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best of Borrower's knowledge, except as previously disclosed in writing to Lender, the The Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower Affiliated Guarantor shall furnish Lender, on request, reasonable evidence proof of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution DateRequirements. Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "“Requirements" ” shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 1 contract
Samples: Subordinate Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
CARE AND USE OF THE PROPERTY. (a) Borrower Affiliated Guarantor represents and warrants to Lender Beneficiary as follows:
(i) All authorizations, licenses licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best of Borrower's knowledge, except as previously disclosed in writing to Lender, the The Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower Affiliated Guarantor shall furnish LenderBeneficiary, on request, reasonable evidence proof of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution DateRequirements. Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "“Requirements" ” shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
Appears in 1 contract
Samples: Subordinate Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)