Common use of Easements and Rights-of-Way Clause in Contracts

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Real Estate or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent provided that Lender is paid a reasonable review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreements, reciprocal easement agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion), and Borrower shall not amend, modify or terminate any such easement agreements, reciprocal easement agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Real Estate or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender Lxxxxx agrees to grant such consent provided that Lender Lxxxxx is paid a reasonable review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender Lxxxxx in the review of BorrowerBxxxxxxx’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreements, reciprocal easement agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion), and Borrower shall not amend, modify or terminate any such easement agreements, reciprocal easement agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.

Easements and Rights-of-Way. Other than easements, rights-of-way, reciprocal easements, or operating agreements beneficial to the Premises that do not have a material adverse effect on the value of the Premises or the Improvements or materially impair Borrower’s ability to perform its material obligations under the Loan Documents or any Major Lease (which easement, right-of-way, reciprocal easement, or operating agreement shall be consented to by Lender upon Borrower’s reasonable request), Borrower shall not grant any easement or easement, right-of-way way, reciprocal easement, or operating agreement with respect to all or any portion of the Real Estate Premises or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower shall comply in all material respects with all easements, rights-of-way, reciprocal easements, or operating agreements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or easement, right-of-way way, reciprocal easement, or operating agreement granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement easement, right of way, reciprocal easement, or operating agreement. If Lender consents (or is required to consent) to the grant of an easement, right-of-way. If Lender consents to the grant of an easement , reciprocal easement, or right-of-wayoperating agreement, Lender agrees to grant such consent provided that Lender is paid a without charge to Borrower other than reasonable review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreements, reciprocal easement agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion), and Borrower shall not amend, modify or terminate any such easement agreements, reciprocal easement agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Real Estate or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld. The purchaser at any foreclosure sale hereunder under the Mortgage may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Agreement and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent provided that Lender is paid a reasonable standard review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreements, reciprocal easement agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion)Property, and Borrower shall not amend, modify or terminate any such easement agreements, reciprocal easement agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.

Easements and Rights-of-Way. Other than easements or rights-of-way that do not have a material adverse effect on the value of the Premises or the Improvements or materially impair Borrowers ability to perform its material obligations under the Loan Documents or any Major Lease (which easements or rights-of-way shall be consented to by Lender upon Borrower’s reasonable request), Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Real Estate Premises or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower shall be permitted to enter into customary reciprocal easement or operating agreements relating to any undeveloped or developed tracts of land contiguous to the Premises, provided such agreements are beneficial to the Premises, with the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower shall comply in all material respects with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents (or is required to consent) to the grant of an easement or right-of-way, Lender agrees to grant such consent provided that Lender is paid a without charge to Borrower other than reasonable review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreements, reciprocal easement agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion), and Borrower shall not amend, modify or terminate any such easement agreements, reciprocal easement agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Real Estate or the Improvements without the prior written consent of Lender, which consent shall not be unreasonably withheld. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent provided that Lender is paid a reasonable review fee together with all other expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination. Borrower shall at all times comply with all easement agreementsEasement Agreements, reciprocal easement agreementsEasement Agreements, declarations, restrictive covenants and any other similar types of agreements now or hereafter affecting the Property (to the extent that any failure to comply with such documents, agreements or instruments shall endanger, cloud or adversely affect title to the Property in any manner, or adversely affect the Property in any manner, as determined by Lender in its discretion), and Borrower shall not amend, modify or terminate any such easement agreementsEasement Agreements, reciprocal easement agreementsEasement Agreements, declarations, restrictive covenants or any other similar types of agreements without Lender’s prior written consent.