Common use of Maintenance and Repair; Alterations Clause in Contracts

Maintenance and Repair; Alterations. (a) Mortgagor shall (1) abstain from and not permit the commission of waste in or about the Mortgaged Premises; (2) keep the Mortgaged Premises, at Mortgagor’s own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged Premises. All alterations, replacements, renewals or additions made pursuant to this Section shall automatically become a part of the Mortgaged Premises and shall be covered by the lien of this Mortgage. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises at all reasonable times and upon prior notice to Mortgagor, to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1) cause such work to be effected within a reasonable period of time; or (2) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any such work to be completed upon the Mortgaged Premises.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged PremisesProperty; (2ii) keep the Mortgaged PremisesProperty, at Mortgagor’s own cost and expense, in good and substantial repair, working order and condition, normal ordinary wear and tear excepted; (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any material part of the Mortgaged PremisesProperty. All alterations, replacements, renewals or additions made pursuant to this Section hereto shall automatically become a part of the Mortgaged Premises Property and shall be covered by the lien of this Mortgage. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises Property at all any reasonable times time and upon prior reasonable notice to Mortgagor, to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable sole discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeimmediately; or (2ii) promptly establish an interest bearing reserve fund with Mortgagee in an amount reasonably determined by Mortgagee to be used to pay for any the purpose of effecting such work to be completed upon the Mortgaged Premiseswork.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged PremisesProperty; (2ii) keep the Mortgaged PremisesProperty, at Mortgagor’s own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3iii) make or cause to be made, as and when necessary, in Mortgagor’s reasonable judgment, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged PremisesProperty. All alterations, replacements, renewals or additions made pursuant to this Section hereto shall automatically become a part of the Mortgaged Premises Property and shall be covered by the lien of this Mortgage. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises Property at all any reasonable times time and upon reasonable prior notice to Mortgagor, Mortgagor to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable discretion of Mortgagee, the necessity for of any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeas soon as reasonably practicable; or (2ii) promptly establish an interest bearing reserve fund funds with Mortgagee in an amount reasonably determined by Mortgagee to be used to pay for any the purpose of effecting such work to be completed upon the Mortgaged Premiseswork.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged PremisesProperty; (2ii) keep the Mortgaged PremisesProperty, at Mortgagor’s 's own cost and expense, in good and substantial repair, working order and condition, normal wear ; and tear excepted; (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged Premises. All alterations, replacements, renewals or additions made pursuant to this Section hereto shall automatically become a part of the Mortgaged Premises Property and shall be covered by the lien of this Mortgage. The parties recognize the Real Estate is vacant but Mortgagor shall be entitled to perform subdivision improvements thereon in accordance with applicable requirements of Purchase Contracts previously approved by Mortgagee. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises Property at all any reasonable times and upon prior notice to Mortgagor, time to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable sole discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenancemaintenance to avoid waste or violation of law, Mortgagor shall, at the discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeimmediately; or or (2ii) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any the purpose of effecting such work to be completed upon the Mortgaged Premiseswork.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged Premises; (2ii) keep the Mortgaged Premises, at Mortgagor’s 's own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged Premises. All alterations, replacements, renewals or additions made pursuant to this Section 6.9. shall automatically become a part of the Mortgaged Premises and shall be covered by the lien of this Mortgage. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises at all any reasonable times and upon prior notice to Mortgagor, time to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable sole discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeimmediately; or (2ii) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any the purpose of effecting such work to be completed upon the Mortgaged Premiseswork.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged PremisesProperty; (2ii) keep the Mortgaged PremisesProperty, at Mortgagor’s 's own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged PremisesProperty. All alterations, replacements, renewals or additions made pursuant to this Section hereto shall automatically become a part of the Mortgaged Premises Property and shall be covered by the lien of this Mortgage.. OR BK 30519 PG 0375 (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises Property at all any reasonable times time and upon with reasonable prior notice to Mortgagor, to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable sole discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeimmediately; or (2) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any such work to be completed upon the Mortgaged Premises.or

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged Premises; (2ii) keep the Mortgaged Premises, at Mortgagor’s 's own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) except with respect to the renovation of the parking lot area of the Mortgaged Premises, not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged Premises. All alterations, replacements, renewals or additions made pursuant to this Section 6.9. shall automatically become a part of the Mortgaged Premises and shall be covered by the lien of this Mortgage. (b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises at all any reasonable times and upon prior notice to Mortgagor, time to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable sole discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the sole reasonable discretion of Mortgagee, either: (1i) cause such work to be effected within a reasonable period of timeimmediately; or or (2ii) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any the purpose of effecting such work to be completed upon the Mortgaged Premiseswork.

Maintenance and Repair; Alterations. (a) Mortgagor shall (1i) abstain from and not permit the commission of waste in or about the Mortgaged Premises; (2ii) keep or cause to be kept the Mortgaged PremisesProperty, at Mortgagor’s 's own cost and expense, in good and substantial repair, working order and condition, normal condition (reasonable wear and tear tear, damage by casualty excepted); (3iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4iv) not remove, demolish, materially alter, discontinue or, except as permitted by the use ofReimbursement Agreement, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged PremisesProperty. All alterations, replacements, renewals or additions made pursuant to this Section 5.12 shall automatically become a part of the Mortgaged Premises Property and shall be covered by the lien of this Mortgage. Notwithstanding the foregoing, the provisions of (ii), (iii) and (iv) of this Section 5.12 shall not apply to the Mortgaged Property at any time the Mortgaged Property is not leased or is under development except to the extent that failure to comply with said paragraphs would constitute a safety hazard. (b) Except as permitted in the Reimbursement Agreement and subject to the rights of tenants under Leases, Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises at all any reasonable times and upon prior notice to Mortgagor, time to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1) cause such work to be effected within a reasonable period of time; or (2) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any such work to be completed upon the Mortgaged Premises.