Common use of Leases, Contracts, Etc Clause in Contracts

Leases, Contracts, Etc. (a) As additional collateral and further security for the Indebtedness, Borrower does hereby assign to Lender all of Borrower’s right, title, and interest, to the extent assignable, any and all tenant leases, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof, and Borrower agrees to execute and deliver to Lender such additional instruments, in form and substance reasonably satisfactory to Lender, as may hereafter be requested by Lender further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender to any lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permit, or modify any of said instruments, or accept, or permit to be made, any prepayment of any installment of rent fees thereunder (except for security deposits and the usual prepayments for room reservations. Borrower shall faithfully keep and perform, or cause to be kept and performed, all of the covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower to be kept and performed and shall at all time do all things necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that the Premises are to be utilized as a nursing home facility.

Leases, Contracts, Etc. (a) 3.6.1. As additional collateral and further security for the IndebtednessCombined Obligations, Borrower does hereby assign as a present and absolute assignment (to the extent assignable and subject to the provisions in the definition of "Leases and Rents" regarding the assignment of any lease or other agreement [(including, without limitation, the Tarboro Lease)] pursuant to which consent to the assignment is required from any or all of the parties thereto) to Lender or Trustee, as appropriate, all of Borrower’s 's right, title, title and interest, interest now existing or hereafter arising in and to the extent assignable, any and all tenant leases, tenant contracts, rental agreementsLeases and Rents, franchise agreements, management contracts, construction contracts, and other contractscontracts (not included in the definition of Leases and Rents), licenses and permits now or hereafter affecting the Premises, or any part thereofthereof (reserving only to Borrower the right to collect currently due and payable income, rents, issues, profits, charges and revenues from the Premises, other than payments to Borrower in connection with any sale of any Premises to a tenant or customer pursuant to the provisions of any lease or warehousing agreement, so long as no Event of Default is in existence hereunder). The foregoing is intended to be a present and absolute assignment and not merely the passing of a security interest. However, so long as an Event of Default shall not have occurred and be continuing, Borrower shall have the right to receive the rents and other amounts described above and to enforce the obligations of the parties to such leases and other agreements. Borrower agrees to execute and deliver to Lender Lender, such additional instruments, in form and substance reasonably satisfactory to Lender, or Trustee, as appropriate, as may hereafter be requested by Lender further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender to any lease, tenant contract, rental operating agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender Lender, any obligation with respect thereto. Without first obtaining on each occasion Except in the written approval ordinary course of Lenderbusiness and until Lender shall direct otherwise with respect to any particular lease, Borrower shall not cancel any such tenant leaseoperating agreement, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permits, Borrower shall not cancel or permit the cancellation of any such lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or materially modify any of said instruments, or accept, or permit to be made, any prepayment of any installment of rent or fees thereunder (except for security deposits and the usual prepayments prepayment of rent which results from the acceptance by a landlord on the first day of each month of the rent for room reservationsthat month). Borrower shall faithfully keep and perform, or cause to be kept and performed, all of the material covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower to be kept and performed and and, in the ordinary course of Borrower's business, shall at all time times do all things reasonably necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that the Premises are to be utilized as a nursing home facility.

Leases, Contracts, Etc. (ab) Pursuant to an Assignment of Rents and Lease ("Assignment") dated the date of this Deed of Trust between Grantor and Beneficiary, Grantor has assigned its interest in the Lease to Beneficiary, as further security for payment of the Secured Indebtedness. As additional collateral and further security for the Secured Indebtedness, Borrower Grantor does hereby assign to Lender all of Borrower’s right, title, and interest, to the extent assignable, Beneficiary Grantor's interest in any and all tenant other leases, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof, and Borrower . Grantor agrees to execute and deliver to Lender Beneficiary such additional instruments, in form and substance reasonably satisfactory to LenderBeneficiary, as may hereafter be requested by Lender Beneficiary to further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender Beneficiary to any other lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender Beneficiary any obligation with respect thereto. Without first obtaining obtaining, on each occasion occasion, the prior written approval of LenderBeneficiary, Borrower which approval shall be at the sole discretion of Beneficiary, Grantor shall not cancel or permit the cancellation of any such tenant other lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permit, or modify any of said instruments, or accept, or permit to be made, any prepayment of any installment of rent or fees thereunder (except for security deposits and the usual prepayments prepayment of rent which results from the acceptance by a landlord on the first day of each month of the rent for room reservationsthe ensuing month). Borrower Grantor shall faithfully keep and perform, or cause to be kept and performed, all of the covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower Grantor to be kept and performed and shall at all time times do all things necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that (b) Grantor shall not execute an assignment (other than the "Assignment") of the rents, issues or profits, or any part thereof, from the Premises are unless Beneficiary shall first consent in writing to be utilized as a nursing home facility.such <PAGE> assignment and unless such assignment shall expressly provide that it is subordinate to the assignment contained in this Deed of Trust and any assignment executed pursuant hereto. 1.5

Leases, Contracts, Etc. (ab) Pursuant to an Assignment of Rents and Lease ("Assignment") dated the date of this Deed of Trust between Grantor and Beneficiary, Grantor has assigned its interest in the Lease to Beneficiary, as further security for payment of the Secured Indebtedness. As additional collateral and further security for the Secured Indebtedness, Borrower Grantor does hereby assign to Lender all of Borrower’s right, title, and interest, to the extent assignable, Beneficiary Grantor's interest in any and all tenant other leases, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof, and Borrower . Grantor agrees to execute and deliver to Lender Beneficiary such additional instruments, in form and substance reasonably satisfactory to LenderBeneficiary, as may hereafter be requested by Lender Beneficiary to further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender Beneficiary to any other lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender Beneficiary any obligation with respect thereto. Without first obtaining obtaining, on each occasion occasion, the prior written approval of LenderBeneficiary, Borrower which approval shall be at the sole discretion of Beneficiary, Grantor shall not cancel or permit the cancellation of any such tenant other lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permit, or modify any of said instruments, or accept, or permit to be made, any prepayment of any installment of rent or fees thereunder (except for security deposits and the usual prepayments prepayment of rent which results from the acceptance by a landlord on the first day of each month of the rent for room reservationsthe ensuing month). Borrower Grantor shall faithfully keep and perform, or cause to be kept and performed, all of the covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower Grantor to be kept and performed and shall at all time times do all things necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that the Premises are to be utilized as a nursing home facility.

Leases, Contracts, Etc. (a) As additional collateral and further security for the Secured Indebtedness, Borrower does Grantors do hereby assign to Lender all of Borrower’s right, title, Beneficiary Grantors' interest in and interest, to the extent assignable, rights under any and all tenant ground leases, leases, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, contracts for the sale of any site within the Premises and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof, and Borrower agrees Grantors agree to execute and deliver to Lender Beneficiary such additional instruments, in form and substance reasonably satisfactory to LenderBeneficiary, as hereafter may hereafter be requested by Lender Beneficiary further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender Beneficiary to any lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, sales contract or other contract, license or permit, or to impose upon Lender Beneficiary any obligation with respect thereto. Without first obtaining on each occasion the written approval of LenderBeneficiary (which approval shall not be unreasonably withheld), Borrower Grantors shall not cancel or permit the cancellation of any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contractlicense, permit, lease or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permit, or modify any of said instruments, or accept, or permit to be made, any prepayment prepayments of any installment of rent or fees thereunder (except for security deposits and the usual prepayments prepayment of rent which results from the acceptance by a landlord on the first day of each month of the rent for room reservationsthe ensuing month). Borrower Grantors shall faithfully keep and perform, or cause to be kept and performed, all of the covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower Grantors to be kept and performed and shall at all time times do all things necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that the Premises are to be utilized as a nursing home facility.

Leases, Contracts, Etc. (a) As additional collateral and further security for the Indebtedness, Borrower does hereby assign to Lender all of Borrower’s right, title, and interest, to the extent assignable, interest in any and all tenant leases, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof, and Borrower agrees to execute and deliver to Lender such additional instruments, in form and substance reasonably satisfactory to Lender, as may hereafter be requested by Lender further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Lender to any lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel or permit the cancellation of any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract, or other contract, license or permit, or to impose upon Lender any obligation with respect thereto. Without first obtaining on each occasion the written approval of Lender, Borrower shall not cancel or permit the cancellation of any such tenant lease, tenant contract, rental agreement, franchise agreement, management contract, construction contract or other contract, license or permit, or modify any of said instruments, or accept, or permit to be made, any prepayment of any installment of rent fees thereunder (except for security deposits and the usual prepayments prepayment of rent which results from the acceptance by a landlord on the first day of each month of the rent for room reservationsthat month). Borrower shall faithfully keep and perform, or cause to be kept and performed, all of the covenants, conditions and agreements contained in each of said instruments, now or hereafter existing, on the part of Borrower to be kept and performed and shall at all time do all things necessary to compel performance by each other party to said instruments of all obligations, covenants and agreements by such other party to be performed thereunder. Lender acknowledges that the Premises are to be utilized as a nursing home facility.