Common use of Condition of Improvements Clause in Contracts

Condition of Improvements. (a) To Borrower’s knowledge, the foundations and structure of the Improvements are structurally sound and the various mechanical systems have adequate capacities and are in good working condition. The Improvements are in substantial compliance with all applicable Building Laws. Certificates of occupancy (if required) with respect to the Improvements, and any other certificates which may be required to evidence compliance with building codes and permits and approval for full occupancy of the Improvements and all installations therein have been issued by all appropriate authorities. Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been received. (b) To the Borrower’s actual knowledge, the Improvements in their current condition and their uses do not violate (i) any Building Laws applicable to the Property or (ii) any restrictions of record, or any agreement affecting the Property or any part thereof. (c) No written notice of violation of any Building Law has been received, and all Governmental Approvals have been complied with in all material respects. (d) The Improvements are higher than the 100-year flood plain or will be continuously covered by adequate flood insurance. (e) To Borrower’s knowledge, there has been issued for the Improvements such certificates as may be required to evidence compliance with Building Laws and Permits and approval for full occupancy of the Improvements. (f) BORROWER SHALL UNCONDITIONALLY (AND, IF THERE IS MORE THAN ONE BORROWER, JOINTLY AND SEVERALLY) INDEMNIFY, DEFEND AND HOLD LENDER HARMLESS FROM ANY AND ALL LOSS LIABILITY COST AND EXPENSE THREATENED AGAINST OR SUFFERED BY LENDER BY REASON OF ANY MATERIAL BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES AND AGREEMENTS SET FORTH IN THIS SECTION 4.7. The foregoing indemnity shall include the cost of all alterations, repairs and replacements to the Property (including without limitation architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorney fees), incurred in connection with the Property being in violation of the Building Laws and for the cost of collection of the sums due under this indemnity, whether or not Borrower is in possession of the Property. If Lender shall become the owner of or acquire an interest in or rights to the Property pursuant to a Foreclosure Conveyance, the foregoing indemnification obligation shall survive such Foreclosure Conveyance. (g) All information previously provided by Borrower to Lender regarding compliance of the Property with applicable Building Laws is accurate and complete to Borrower's actual knowledge.

Condition of Improvements. (a) To Borrower’s knowledge, Trustor agrees to keep the foundations buildings and structure of other improvements on the Improvements are structurally sound property and the various mechanical systems have adequate capacities other Trust Property at all times in good condition and are repair. All apparatus and machinery shall be kept in good working conditionorder and properly serviced and repaired. If any of the Trust Property which constitutes personalty becomes worn out or obsolete, it shall, unless otherwise approved by Beneficiary, be replaced by comparable personalty which is new and/or better suited to the proper operation of the premises and is reasonably necessary to preserve and protect the value of such premises. Trustor will not allow nor commit any waste, and will not demolish nor structurally alter any buildings on the property, and will do no act to injure or depreciate the value of such property. The Improvements are property and buildings thereon shall be kept in substantial compliance a reasonably clean, safe and sanitary condition and shall not be allowed to become dilapidated or rundown. Trustor agrees that it will not remove or allow to be removed any fixture or fixtures from the Trust Property without the prior written consent of Beneficiary. Trustor further agrees that in adding any new fixtures or in substituting fixtures on the Trust Property, prior proof will be furnished to Beneficiary that no security interest exists therein. Trustor agrees to complete, restore and reconstruct in good and workmanlike manner, to the condition required hereby, any building or improvement which constitutes a part of the premises which may be damaged or destroyed; not to permit any lien of mechanics or materialsmen to attach to the Trust Property or any portion thereof; to comply with all applicable Building Laws. Certificates of occupancy (if required) laws, ordinances, regulations and governmental orders affecting the Trust Property or regarding any alterations or improvements thereto; not to commit, suffer or permit any act with respect to the ImprovementsTrust Property in violation of law or any covenants, conditions or restrictions pertaining thereto. Any alteration, addition, construction, reconstruction, improvement or major repair to be made upon the premises shall be commenced and any other certificates prosecuted with due diligence pursuant to plans and specifications which may be required to evidence compliance have been approved by Beneficiary and in accordance with all building codes and permits other regulations applicable thereto all pursuant to the terms and approval for full occupancy conditions of the Improvements and all installations therein have been issued by all appropriate authorities. Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been receivedLoan Agreement. (b) To the Borrower’s actual knowledge, the Improvements in their current condition and their uses do not violate (i) any Building Laws applicable to the Property or (ii) any restrictions of record, or any agreement affecting the Property or any part thereof. (c) No written notice of violation of any Building Law has been received, and all Governmental Approvals have been complied with in all material respects. (d) The Improvements are higher than the 100-year flood plain or will be continuously covered by adequate flood insurance. (e) To Borrower’s knowledge, there has been issued for the Improvements such certificates as may be required to evidence compliance with Building Laws and Permits and approval for full occupancy of the Improvements. (f) BORROWER SHALL UNCONDITIONALLY (AND, IF THERE IS MORE THAN ONE BORROWER, JOINTLY AND SEVERALLY) INDEMNIFY, DEFEND AND HOLD LENDER HARMLESS FROM ANY AND ALL LOSS LIABILITY COST AND EXPENSE THREATENED AGAINST OR SUFFERED BY LENDER BY REASON OF ANY MATERIAL BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES AND AGREEMENTS SET FORTH IN THIS SECTION 4.7. The foregoing indemnity shall include the cost of all alterations, repairs and replacements to the Property (including without limitation architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorney fees), incurred in connection with the Property being in violation of the Building Laws and for the cost of collection of the sums due under this indemnity, whether or not Borrower is in possession of the Property. If Lender shall become the owner of or acquire an interest in or rights to the Property pursuant to a Foreclosure Conveyance, the foregoing indemnification obligation shall survive such Foreclosure Conveyance. (g) All information previously provided by Borrower to Lender regarding compliance of the Property with applicable Building Laws is accurate and complete to Borrower's actual knowledge.

Condition of Improvements. (a) To Borrower’s knowledge, the foundations and structure of the Improvements are structurally sound and the various mechanical systems have adequate capacities and are in good working condition. The , the Improvements were built in substantial compliance with applicable plans and specifications furnished to the Lender’s engineering consultant, and the Improvements are in substantial full compliance with all applicable Building Laws. Certificates Except as disclosed to Lender in writing, Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been received by Borrower and Borrower has no knowledge of any outstanding notices of violations issued to Seller. (b) To Borrower’s actual knowledge, the Project in its current condition (including, without limitation, any condition or situation on the Project as a result of any construction, alterations or improvements thereto) are in accordance with and their uses comply fully with all existing Building Laws (as hereinafter defined) applicable to the Project, and certificates of occupancy (if required) with respect to the Improvements, and any other certificates which may be required to evidence compliance with building codes and permits and approval for full occupancy of the Improvements and all installations therein have been issued by all appropriate authorities. Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been received. (b) To the Borrower’s actual knowledge, the Improvements in their current condition and their uses do not violate (i) any Building Laws applicable to the Property or (ii) any restrictions of record, or any agreement affecting the Property or any part thereof. (c) No written To Borrower’s knowledge, no notice of violation of any Building Law has been received, and all Governmental Approvals have been complied with in all material respectswith. (d) The Improvements According to the survey certified to Lender, all buildings located on the Project are higher than the 100-year flood plain or will be continuously covered by adequate flood insurance. (e) To Borrower’s knowledge, For all buildings there has been issued for the Improvements such certificates as may be required to evidence compliance with Building Laws building codes and Permits permits and approval for full occupancy of the Improvementsbuildings and of all installations therein. (f) BORROWER SHALL UNCONDITIONALLY (AND, IF THERE IS MORE THAN ONE BORROWERUNCONDITIONALLY, JOINTLY AND SEVERALLY) SEVERALLY INDEMNIFY, DEFEND AND HOLD LENDER HARMLESS FROM ANY AND ALL LOSS LIABILITY COST AND EXPENSE THREATENED AGAINST OR SUFFERED BY LENDER BY REASON OF ANY MATERIAL BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES AND AGREEMENTS SET FORTH IN THIS SECTION 4.7. The foregoing indemnity shall include the cost of all alterations, repairs and replacements to the Property Project (including without limitation architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorney fees), incurred in connection with the Property Project being in violation of the Building Laws and for the cost of collection of the sums due under this indemnity, whether or not Borrower is in possession of the PropertyProject. If Lender shall become the owner of or acquire an interest in or rights to the Property Project pursuant to a Foreclosure Conveyance, the foregoing indemnification obligation shall survive such Foreclosure Conveyance with respect to matters arising prior to the date of such Foreclosure Conveyance. (g) All information previously provided by Borrower to Lender regarding compliance of the Property Project with applicable Building Laws is accurate and complete to Borrower's ’s actual knowledge.

Condition of Improvements. (a) To the best of Borrower’s knowledge, the foundations and structure of the Improvements are structurally sound and the various mechanical systems have adequate capacities and are in good working condition. The Improvements are in substantial full compliance with all applicable Building Laws. Certificates of occupancy (if required) with respect to the Improvements, and any other certificates which may be required to evidence compliance with building codes and permits and approval for full occupancy of the Improvements and all installations therein have been issued by all appropriate authorities. Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been received. (b) To the Borrower’s actual knowledge, the Improvements Project in their its current condition (including, without limitation, any condition or situation on the Project as a result of any construction, alterations or improvements thereto) are in accordance with and their uses do not violate (i) any comply fully with all Building Laws (as hereinafter defined) applicable to the Property or (ii) any restrictions Project, and certificates of record, or any agreement affecting the Property or any part thereofoccupancy have been issued by all appropriate authorities. (c) No written notice of violation of any Building Law has been received, and all Governmental Approvals have been complied with in all material respectswith. (d) The Improvements All buildings located on the Project are higher than the 100-year flood plain or will be continuously covered by adequate flood insurance. (e) To Borrower’s knowledge, For all buildings there has been issued for the Improvements such certificates as may be required to evidence compliance with Building Laws building codes and Permits permits and approval for full occupancy of the Improvementsbuildings and of all installations therein. (f) BORROWER SHALL UNCONDITIONALLY (AND, IF THERE IS MORE THAN ONE BORROWERUNCONDITIONALLY, JOINTLY AND SEVERALLY) SEVERALLY INDEMNIFY, DEFEND AND HOLD LENDER HARMLESS FROM ANY AND ALL LOSS LIABILITY COST AND EXPENSE THREATENED AGAINST OR SUFFERED BY LENDER BY REASON OF ANY MATERIAL BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES AND AGREEMENTS SET FORTH IN THIS SECTION 4.7. The foregoing indemnity shall include the cost of all alterations, repairs and replacements to the Property Project (including without limitation architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorney fees), incurred in connection with the Property Project being in violation of the Building Laws and for the cost of collection of the sums due under this indemnity, whether or not Borrower is in possession of the PropertyProject. If Lender shall become the owner of or acquire an interest in or rights to the Property Project pursuant to a Foreclosure Conveyance, the foregoing indemnification obligation shall survive such Foreclosure Conveyance. (g) All information previously provided by Borrower to Lender regarding compliance of the Property Project with applicable Building Laws is accurate and complete to Borrower's ’s actual knowledge.. Loan Agreement

Condition of Improvements. (a) To the best of Borrower’s knowledge, the foundations and structure of the Improvements are structurally sound and the various mechanical systems have adequate capacities and are in good working condition. The Improvements were built in substantial compliance with applicable plans and specifications furnished to the Lender’s engineering consultant, and the Improvements are in substantial full compliance with all applicable Building Laws. Certificates of occupancy (if required) with respect to the Improvements, and any other certificates which may be required to evidence compliance with building codes and permits and approval for full occupancy of the Improvements and all installations therein have been issued by all appropriate authorities. Borrower has no knowledge of required capital expenditures or deferred maintenance other than those that would be normally expected for a building of similar age and type. No notice of violation of any Building Law has been received. (b) To the Borrower’s actual knowledge, the Improvements Project in their its current condition (including, without limitation, any condition or situation on the Project as a result of any construction, alterations or improvements thereto) are in accordance with and their uses do not violate (i) any comply fully with all Building Laws (as hereinafter defined) applicable to the Property or (ii) any restrictions Project, and certificates of record, or any agreement affecting the Property or any part thereofoccupancy have been issued by all appropriate authorities. (c) No written notice of violation of any Building Law has been received, and all Governmental Approvals have been complied with in all material respectswith. (d) The Improvements All buildings located on the Project are higher than the 100-year flood plain or will be continuously covered by adequate flood insurance. (e) To Borrower’s knowledge, For all buildings there has been issued for the Improvements such certificates as may be required to evidence compliance with Building Laws building codes and Permits permits and approval for full occupancy of the Improvementsbuildings and of all installations therein. (f) BORROWER SHALL UNCONDITIONALLY (AND, IF THERE IS MORE THAN ONE BORROWERUNCONDITIONALLY, JOINTLY AND SEVERALLY) SEVERALLY INDEMNIFY, DEFEND AND HOLD LENDER HARMLESS FROM ANY AND ALL LOSS LIABILITY COST AND EXPENSE THREATENED AGAINST OR SUFFERED BY LENDER BY REASON OF ANY MATERIAL BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES AND AGREEMENTS SET FORTH IN THIS SECTION 4.7. The foregoing indemnity shall include the cost of all alterations, repairs and replacements to the Property Project (including without limitation architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorney fees), incurred in connection with the Property Project being in violation of the Building Laws and for the cost of collection of the sums due under this indemnity, whether or not Borrower is in possession of the PropertyProject. If Lender shall become the owner of or acquire an interest in or rights to the Property Project pursuant to a Foreclosure Conveyance, the foregoing indemnification obligation shall survive such Foreclosure Conveyance. (g) All information previously provided by Borrower to Lender regarding compliance of the Property Project with applicable Building Laws is accurate and complete to Borrower's ’s actual knowledge.