Common use of Leases; Assignments; Subordination Clause in Contracts

Leases; Assignments; Subordination. Except for Leases entered into in the ordinary course of business and consistent with past practices, Grantor shall not lease the Property or any part thereof without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld, conditioned or delayed. If Grantor shall enter into a Lease, Grantor shall faithfully keep, observe and satisfy all the obligations on the part of the lessor to be kept, performed and satisfied under every Lease from time to time in force with reference to the Property, and shall not alter or terminate any such Lease, or any guarantee of such Lease, except in the ordinary course of business, or accept any rentals for more than one month in advance. At any time on notice from Beneficiary, Grantor shall submit to Beneficiary for examination all such Leases and on the demand of Beneficiary, shall execute and deliver a separate instrument collaterally assigning any or all such Leases, or the rents and profits thereof, in form satisfactory to Beneficiary. The Beneficiary shall have the right, by the execution of suitable written instruments from time to time, to subordinate this Deed of Trust, and the rights of Beneficiary hereunder, to any Lease or Leases from time to time in force with reference to the Property, and, on the execution of any such instrument, this Deed of Trust shall be subordinate to the Lease for which such subordination is applicable with the same force and effect as if such Lease had been executed and delivered, and a notice thereof recorded to the extent required to give notice to third persons, prior to the execution, delivery and recording of this Deed of Trust.

Leases; Assignments; Subordination. Except for Leases entered into in the ordinary course of business and consistent with past practices, Grantor The Borrower shall not lease the Property or any part thereof without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld, conditioned or delayedthe Bank. If Grantor the Bank shall consent and the Borrower shall enter into a Leaselease, Grantor the Borrower shall faithfully keep, observe and satisfy all the obligations on the part of the lessor to be kept, performed and satisfied under every Lease lease from time to time in force with reference to the Property, and shall not alter or terminate any such Leaselease, or any guarantee of such Leaselease, except in the ordinary course of business, or accept any rentals for more than one (1) month in advance. The Borrower shall submit to the Bank for its review and prior written approval all draft agreements, related materials and all other information relating to all proposed leases of the Property or any portion thereof, all proposed lease modifications relating to the leases described in Exhibit C hereto, and all proposed renewals of such leases. The Borrower hereby assigns to the Bank all rents and profits under any and all leases of the Property; provided, however, that the Borrower shall be entitled to retain such rents and profits until an Event of Default shall have occurred. At any time on notice from Beneficiarythe Bank, Grantor the Borrower shall submit to Beneficiary the Bank for examination all such Leases leases and on the demand of Beneficiarythe Bank, shall execute and deliver a separate instrument collaterally assigning any or all such Leasesleases, or the rents and profits thereof, in form satisfactory to Beneficiarythe Bank. The Beneficiary Bank shall have the right, by the execution of suitable written instruments from time to time, to subordinate this Deed of TrustMortgage, and the rights of Beneficiary the Bank hereunder, to any Lease lease or Leases leases from time to time in force with reference to the Property, and, on the execution of any such instrument, this Deed of Trust Mortgage shall be subordinate to the Lease lease for which such subordination is applicable with the same force and effect as if such Lease lease had been executed and delivered, and a notice thereof recorded to the extent required to give notice to third persons, prior to the execution, delivery and recording of this Deed Mortgage. Nothing contained in this Section 3.9 is intended, nor shall it be deemed, to constitute consent by the Bank to a subordination of Trustthe lien of this Mortgage.

Leases; Assignments; Subordination. Except for Leases entered into in the ordinary course of business and consistent with past practices, Grantor Mortgagor shall not lease the Property or any part thereof without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld, conditioned or delayedMortgagee. If Grantor Mortgagor shall enter into a Leaselease with the consent of Mortgagee, Grantor Mortgagor shall faithfully keep, observe and satisfy all the obligations on the part of the lessor to be kept, performed and satisfied under every Lease lease from time to time in force with reference to the Property, Property and shall not alter or terminate any such Lease, or any guarantee of such Lease, except in the ordinary course of business, or accept any rentals for more than one month in advance. Mortgagor hereby assigns to Mortgagee all rents and profits under any and all leases of the Property, provided, however, that Mortgagor shall be entitled to retain such rents and profits until an Event of Default shall have occurred. At any time on written notice from BeneficiaryMortgagee, Grantor Mortgagor shall submit to Beneficiary Mortgagee for examination all such Leases leases and on the demand of BeneficiaryMortgagee, shall execute and deliver a separate instrument collaterally assigning any or all such Leasesleases, or the rents and profits thereof, in form satisfactory to BeneficiaryMortgagee. The Beneficiary Mortgagee shall have the right, by the execution of suitable written instruments from time to time, to subordinate this Deed of TrustMortgage, and the rights of Beneficiary Mortgagee hereunder, to any Lease lease or Leases leases from time to time in force with reference to the Property, and, on the execution of any such instrument, this Deed of Trust Mortgage shall be subordinate to the Lease lease for which such subordination is applicable with the same force and effect as if such Lease lease had been executed and delivered, and a notice thereof recorded to the extent required to give notice to third persons, prior to the execution, delivery and recording of this Deed of TrustMortgage.

Leases; Assignments; Subordination. Except for Leases entered into in the ordinary course of business and consistent with past practices, Grantor The Borrower shall not lease the Property or any part thereof without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld, conditioned or delayedthe Bank. If Grantor the Bank shall consent and the Borrower shall enter into a Leaselease, Grantor the Borrower shall faithfully keep, observe and satisfy all the obligations on the part of the lessor to be kept, performed and satisfied under every Lease lease from time to time in force with reference to the Property, and shall not alter or terminate any such Leaselease, or any guarantee of such Leaselease, except in the ordinary course of business, or accept any rentals for more than one (1) month in advance. The Borrower shall submit to the Bank for its review and prior written approval all draft agreements, related materials and all other information relating to all proposed leases of the Property or any portion thereof, all proposed lease modifications relating to the leases described in Exhibit D hereto and all proposed renewals of such leases. The Borrower hereby assigns to the Bank all rents and profits under any and all leases of the Property; provided, however, that the Borrower shall be entitled to retain such rents and profits until an Event of Default shall have occurred. At any time on notice from Beneficiarythe Bank, Grantor the Borrower shall submit to Beneficiary the Bank for examination all such Leases leases and on the demand of Beneficiarythe Bank, shall execute and deliver a separate instrument collaterally assigning any or all such Leasesleases, or the rents and profits thereof, in form satisfactory to Beneficiarythe Bank. The Beneficiary Bank shall have the right, by the execution of suitable written instruments from time to time, to subordinate this Deed of TrustMortgage, and the rights of Beneficiary the Bank hereunder, to any Lease lease or Leases leases from time to time in force with reference to the Property, and, on the execution of any such instrument, this Deed of Trust Mortgage shall be subordinate to the Lease lease for which such subordination is applicable with the same force and effect as if such Lease lease had been executed and delivered, and a notice thereof recorded to the extent required to give notice to third persons, prior to the execution, delivery and recording of this Deed Mortgage. Nothing contained in this Section 3.9 is intended, nor shall it be deemed, to constitute consent by the Bank to a subordination of Trustthe lien of this Mortgage.

Leases; Assignments; Subordination. Except for Leases entered into in the ordinary course of business and consistent with past practices, Grantor shall not lease the Property or any part thereof without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld, conditioned or delayed. If Grantor shall enter into a Lease, Grantor shall faithfully keep, observe and satisfy all the obligations on the part of the lessor to be kept, performed and satisfied under every Lease from time to time in force with reference to the Property, and shall not alter or terminate any such Lease, or any guarantee of such Lease, except in the ordinary course of business, or accept any rentals for more than one month in advance. At any time on notice from Beneficiary, Grantor shall submit to Beneficiary for examination all such Leases and on the demand of Beneficiary, shall execute and deliver a separate instrument collaterally assigning any or all such Leases, or the rents and profits thereof, in form satisfactory to Beneficiary. The Beneficiary shall have the right, by the execution of suitable written instruments from time to time, to subordinate this Deed of Trust, and the rights of Beneficiary hereunder, to any Lease or Leases from time to time in force with reference to the Property, and, on the execution of any such instrument, this Deed of Trust shall be subordinate to the Lease for which such subordination is applicable with the same force and effect as if such Lease had been executed and delivered, and a notice thereof recorded to the extent required to give notice to third persons, prior to the execution, delivery and recording of this Deed of Trust.. 2.7