Common use of Maintenance, Repair, Alterations Clause in Contracts

Maintenance, Repair, Alterations. Mortgagor shall: keep the Collateral in good condition and repair; complete promptly and in a good and workmanlike manner, any Improvement that may be constructed on the Land, and promptly restore in like manner any Improvement that may be damaged or destroyed, and pay when due all claims for labor performed and materials furnished for such construction or restoration; comply with all Laws and Orders of any court or governmental or regulatory body having jurisdiction over Mortgagor, the Land or Improvements; comply with any condominium or other plan, declaration of covenants, conditions and restrictions, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, neat order and repair; comply with the provisions of any leases constituting part of the Collateral; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all or any part of the Collateral or leave the Collateral unprotected, unguarded, vacant or deserted; or initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that may be made of the Land or Improvements by Mortgagor.

Maintenance, Repair, Alterations. Mortgagor Trustor shall keep, maintain, preserve and protect the Trust Estate in good repair, working order, and condition, ordinary wear and tear excepted. Trustor shall: keep the Collateral in good condition and repair; (a) complete promptly and in a good and workmanlike manner, any Improvement (i) related to the mining business of Trustor that may now be constructed, or (ii) hereafter constructed on the Land, Real Property; and promptly (b) restore in like manner any Improvement Improvements related to the mining business of Trustor that may be damaged or destroyed, destroyed and pay when due all claims for labor performed and materials furnished for such construction or restoration; therefor, in either case excepting any Improvements that the Trustor does not reasonably consider to be material to the mining business of the Trustor. Trustor shall comply in all material respects with all Laws Requirements (as defined below) and Orders shall not suffer to occur or exist any violation in any material respect of any court or governmental or regulatory body having jurisdiction over Mortgagor, the Land or Improvements; comply with any condominium or other plan, declaration of covenants, conditions and restrictions, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, neat order and repair; comply with the provisions of any leases constituting part of the Collateral; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in itRequirement. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon Trust Estate, and, to the extent required by law and the PPF Agreement, shall keep and maintain abutting grounds, roads, parking, etc. in good and neat order and repair. Trustor shall perform in all material respects its obligations under the Ground Lease, each Sublease, the CC&Rs, and the other Facility Documents. “Requirement” and “Requirements” mean, respectively, each and all obligations and requirements now or hereafter in effect by which Trustor or the Trust Estate are bound or which are otherwise applicable to the Trust Estate, any work or activity necessary to preserve and maintain the Trust Estate, preserve or maintain mining or other rights in the Trust Estate, any construction of any Improvements on the Trust Estate, or operation, occupancy or use of the Trust Estate (including, without limitation (i) such obligations and requirements imposed by common law or any part of the Collateral or leave the Collateral unprotectedlaw, unguardedstatute, vacant or deserted; or initiate, join in or consent to any change in any zoning ordinance, general planregulation, specific planor rule (federal, state, or local), including, without limitation, any mining reports, filings, verifications of mining activity, etc. and (ii) such obligations and requirements of, in, or in respect of (A) any consent, authorization, license, permit, or approval relating to the Trust Estate, (B) any condition, covenant, restriction, easement, or right-of-way reservation applicable to the Trust Estate, (C) any Lien (as defined in the PPF Agreement) or encumbrance, (D) any other agreement, document, or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected (including, without limitation, the CC&Rs and the Other Agreements), and (E) any order, writ, judgment, injunction, or award of any arbitrator, other private restrictive covenant adjudicator, court, government, or other public governmental authority (federal, state, or private restriction limiting local) to which Trustor is a party or by which Trustor or the uses that may be made of the Land Trust Estate is bound or Improvements by Mortgagoraffected).

Maintenance, Repair, Alterations. Mortgagor shall: keep Trustor shall maintain and preserve the Collateral Property in good condition and repair; Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Improvements, other than to make repairs in the ordinary course of business which serve to preserve or increase the value of the Property; Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that which may be now or hereafter constructed on the Land, and shall promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Trustor shall comply with all Laws laws, ordinances, rules, regulations, orders, covenants, conditions, restrictions and Orders “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Property, or any part thereof, or the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any act to be done in, upon or to all or any part of the Property in violation of any court or governmental or regulatory body having jurisdiction over Mortgagorsuch laws, the Land or Improvements; comply with any condominium or other planordinances, declaration of rules, regulations, orders, covenants, conditions and restrictionsor Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Property, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Trustor shall not take (nor fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of any leases all leases, if any, constituting part a portion of the CollateralProperty; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of abandon the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all Property or any part of the Collateral portion thereof or leave the Collateral Property unprotected, unguarded, vacant or deserted; or Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Property by Trustor or Improvements by Mortgagorthe owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Authority Loan Documents, or any of them, Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Property and the rights of Trustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Mortgagor shall: keep Trustor shall maintain and preserve the Collateral Property in good condition and repair; Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Improvements, other than to make repairs in the ordinary course of business of a non-structural nature which serve to preserve or increase the value of the Property; Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that which may be now or hereafter constructed on the Land, and shall promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, and shall pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Trustor shall comply with all Laws laws, ordinances, rules, regulations, orders, covenants, conditions, restrictions and Orders “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Property, or any part thereof, or the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any act to be done in, upon or to all or any part of the Property in violation of any court or governmental or regulatory body having jurisdiction over Mortgagorsuch laws, the Land or Improvements; comply with any condominium or other planordinances, declaration of rules, regulations, orders, covenants, conditions and restrictionsor Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Property, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Trustor shall not take (nor fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of any leases all leases, if any, constituting part a portion of the CollateralProperty; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of abandon the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all Property or any part of the Collateral portion thereof or leave the Collateral Property unprotected, unguarded, vacant or deserted; or Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Property by Trustor or Improvements by Mortgagorthe owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Transaction Documents, or any of them, Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Property and the rights of Trustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Mortgagor Trustor shall keep, maintain, preserve and protect the Trust Estate in good repair, working order, and condition, ordinary wear and tear excepted. Trustor shall: keep the Collateral (a) complete any Improvement that may now be or hereafter constructed in good condition and repair; complete promptly and in a good and workmanlike manner, ; and (b) restore any Improvement that may be constructed on the Land, and promptly restore in like manner any Improvement Improvements that may be damaged or destroyed, destroyed to substantially the same condition as existing immediately before such damage or destruction and pay when due all claims for labor performed and materials furnished for such construction or restoration; therefor, in either case excepting any Improvements that Trustor does not reasonably consider to be material to the business of Trustor. Trustor shall comply in all material respects with all Laws Requirements (as defined below) and Orders shall not suffer to occur or exist any violation in any material respect of any court or governmental or regulatory body having jurisdiction over Mortgagor, the Land or Improvements; comply with any condominium or other plan, declaration of covenants, conditions and restrictions, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, neat order and repair; comply with the provisions of any leases constituting part of the Collateral; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in itRequirement. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon Trust Estate, and, to the extent permitted by law or required by the MPR Agreement, shall keep and maintain abutting grounds, roads, parking areas, etc. in good and neat order and repair. Trustor shall perform in all material respects its obligations under each Lease and the CC&Rs, if any. “Requirement” and “Requirements” mean, respectively, each and all obligations and requirements now or hereafter in effect by which Trustor or the Trust Estate are bound or which are otherwise applicable to the Trust Estate, any work or activity necessary to preserve and maintain the Trust Estate, preserve or maintain mining, leasehold or other rights in the Trust Estate, any construction of any Improvements on the Trust Estate, or operation, occupancy or use of the Trust Estate (including (i) such obligations and requirements imposed by common law or any part law, statute, ordinance, regulation or rule (federal, state, or local), including any mining reports, filings, verifications of the Collateral or leave the Collateral unprotectedmining activity, unguardedetc. and (ii) such obligations and requirements of, vacant or deserted; or initiate, join in or consent in respect of (A) any consent, authorization, license, permit or approval relating to the Trust Estate, (B) any change in condition, covenant, restriction, easement or right-of-way reservation applicable to the Trust Estate, (C) any zoning ordinancelien or encumbrance, general plan(D) any other agreement, specific plandocument or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected (including the CC&Rs, if any, and the Other Agreements), and (E) any order, writ, judgment, injunction or award of any arbitrator, other private restrictive covenant adjudicator, court, government or other public governmental authority (federal, state or private restriction limiting local) to which Trustor is a party or by which Trustor or the uses that may be made of the Land Trust Estate is bound or Improvements by Mortgagoraffected).

Maintenance, Repair, Alterations. Mortgagor shall: keep Trustor shall maintain and preserve the Collateral in good condition and repairrepair and in a prudent and businesslike manner; Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or substantially alter any of the Improvements, other than to make repairs in the ordinary course of business of a non-structural nature which serve to preserve or increase the value of the Premises; Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that which may be now or hereafter constructed on the Land, Premises and promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, and pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Trustor shall comply with all Laws laws, ordinances, rules, regulations, covenants, conditions, restrictions and Orders orders of any court governmental authority now or governmental hereafter affecting the conduct or regulatory body having jurisdiction over Mortgagoroperation of Trustor’s business or the Collateral or any part thereof or requiring any alteration or improvement to be made thereon; Trustor shall not commit, suffer or permit any act to be done in, upon or to the Land Collateral or Improvementsany part thereof in violation of any such laws, ordinances, rules, regulations or orders, or any covenant, condition or restriction now or hereafter affecting the Premises; comply with Trustor shall not commit or permit any condominium waste or other plan, declaration deterioration of covenants, conditions and restrictionsthe Collateral, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Trustor shall not take (or fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Premises or which otherwise would impair the security of Beneficiary in the Collateral; Trustor shall comply with the provisions of any leases all leases, if any, constituting part a portion of the Collateral; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all or any part of the Collateral or any portion thereof or leave the Collateral Premises unprotected, unguarded, vacant or deserted; or except as otherwise expressly permitted under the Loan Agreement and except for Permitted Encumbrances, Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Premises by Trustor or Improvements by Mortgagorthe owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force all permits necessary for the use, occupancy and operation of the Collateral; except as otherwise prohibited or restricted by the Loan Documents, or any of them, Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Trustee and Beneficiary with respect thereto. Trustor and Additional Trustor hereby agree that Beneficiary may conduct from time to time, through representatives of its own choice, on-site inspections and observations of (1) the maintenance and repair of the Collateral, including a review of all maintenance and repair programs and practices and all reports and records, including the records of expenditures, relating thereto, and (2) such other facilities, practices and records of Trustor relating to the Premises as Beneficiary deems to be necessary or appropriate in order to monitor Trustor’s compliance with the provisions of this Section.

Maintenance, Repair, Alterations. Mortgagor shall: Trustor shall keep the Collateral Trust Estate in good condition and repair; . Trustor shall not remove, demolish, or substantially alter any of the Improvements, except with the prior written consent of Beneficiary. Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that may be now or hereafter constructed on the Land, Property and promptly restore in like manner any Improvement Improvements that may be damaged or destroyed, destroyed from any cause whatsoever and pay when due all claims for labor performed and materials furnished for such construction or restoration; therefor. Trustor shall comply with all Laws Requirements (as defined below) and Orders shall not suffer to occur or exist any violation of any court Requirement. Trustor shall not commit or governmental permit any waste or regulatory body having jurisdiction over Mortgagordeterioration of the Trust Estate, and, to the Land or Improvements; comply with any condominium or other planextent allowed by law, declaration of covenants, conditions and restrictions, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; comply with . Trustor shall perform its obligations under each Lease. “Requirement” and “Requirements” mean, respectively, each and all obligations and requirements now or hereafter in effect by which Trustor or the provisions Trust Estate are bound or which are otherwise applicable to the Trust Estate, construction of any leases constituting part Improvements on the Trust Estate, or operation, occupancy or use of the Collateral; obtain Trust Estate (including, without limitation (a) such obligations and maintain requirements imposed by common law or any law, statute, ordinance, regulation, or rule (federal, state, or local), and (b) such obligations and requirements of, in, or in full force respect of (i) any consent, authorization, license, permit, or approval relating to the Trust Estate, (ii) any condition, covenant, restriction, easement, or right-of-way reservation applicable to the Trust Estate, (iii) any Lien or Encumbrance, (iv) any other agreement, document, or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected, and effect all permits necessary for the use(v) any order, occupancy and operation writ, judgment, injunction, decree, determination, or award of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of the Improvementsarbitrator, other than private adjudicator, court, government, or governmental authority (federal, state, or local) to make non-structural repairs in which Trustor is a party or by which Trustor or the ordinary course of business, that preserve Trust Estate is bound or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all or any part of the Collateral or leave the Collateral unprotected, unguarded, vacant or deserted; or initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that may be made of the Land or Improvements by Mortgagoraffected).

Maintenance, Repair, Alterations. Mortgagor shall: keep Trustor shall maintain and preserve the Collateral Property in good condition and repair; Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Improvements, other than to make repairs in the ordinary course of business which serve to preserve or increase the value of the Property; Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that which may be now or hereafter constructed on the Land, and shall promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Trustor shall comply with all Laws laws, ordinances, rules, regulations, orders, covenants, conditions, restrictions and Orders “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Property, or any part thereof, or the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any act to be done in, upon or to all or any part of the Property in violation of any court or governmental or regulatory body having jurisdiction over Mortgagorsuch laws, the Land or Improvements; comply with any condominium or other planordinances, declaration of rules, regulations, orders, covenants, conditions and restrictionsor Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Property, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Trustor shall not take (nor fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of any leases all leases, if any, constituting part a portion of the CollateralProperty; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of abandon the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all Property or any part of the Collateral portion thereof or leave the Collateral Property unprotected, unguarded, vacant or deserted; or Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Property by Trustor or Improvements by Mortgagorthe owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Project Documents, or any of them, Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Property and the rights of Trustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Mortgagor shall: keep Borrower shall maintain and preserve the Collateral Trust Estate in good condition and repairrepair and in a prudent and businesslike manner; Borrower, except upon the prior written consent of Lender, shall not remove, demolish or substantially alter any of the Improvements, other than to make repairs in the ordinary course of business of a non- structural nature which serve to preserve or increase the value of the Premises; Borrower shall complete promptly and in a good and workmanlike manner, manner any Improvement that improvement which may be now or hereafter constructed on the Land, Premises and promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, and pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Borrower shall comply with all Laws a11 laws, ordinances, rules. regulations, covenants, conditions, restrictions and Orders orders of any court governmental authority now or governmental hereafter affecting the conduct or regulatory body having jurisdiction over Mortgagor, operation of Borrower's business or the Land Trust Estate or Improvementsany part thereof or requiring any alteration or improvement to be made thereon; comply with Borrower shall not commit or permit any condominium waste or other plan, declaration deterioration of covenants, conditions and restrictionsthe Trust Estate, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Borrower will not take (or fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Premises or otherwise would impair the security of Lender in the Trust Estate; Borrower shall comply with the provisions of any leases all leases, if any, constituting part a portion of the CollateralTrust Estate; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Borrower shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of abandon the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all Trust Estate or any part of the Collateral portion thereof or leave the Collateral unprotected, unguarded, Premises vacant or deserted; or Borrower shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Premises by Borrower or Improvements by Mortgagor.the owner thereof; Borrower shall secure and maintain in full force and effect a11 permits necessary for the use, occupancy and operation of the Trust Estate; except as otherwise prohibited or restricted by the Financing Documents, or any of them, Borrower shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Trust Estate and the rights of Trustee and Lender with respect thereto. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice at reasonable times, on-site inspections and observations (1) the maintenance and repair of the Trust Estate, including a review of all maintenance and repair programs and practices and all reports and records, including the records of expenditures relating thereto, and (2) such other

Maintenance, Repair, Alterations. Mortgagor shall: keep Trustor shall maintain and preserve the Collateral Property in good condition and repair; Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Improvements, other than to make repairs in the ordinary course of business which serve to preserve or increase the value of the Property; Trustor shall complete promptly and in a good and workmanlike manner, manner any Improvement that which may be now or hereafter constructed on the Land, and shall promptly restore in like manner any Improvement that which may be damaged or destroyeddestroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished for such construction or restorationtherefor; Trustor shall comply with all Laws laws, ordinances, rules, regulations, orders, covenants, conditions, restrictions and Orders “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Property, or any part thereof, or the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any act to be done in, upon or to all or any part of the Property in violation of any court or governmental or regulatory body having jurisdiction over Mortgagorsuch laws, the Land or Improvements; comply with any condominium or other planordinances, declaration of rules, regulations, orders, covenants, conditions and restrictionsor Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Property, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Land, and such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good, good and neat order and repair; Trustor shall not take (nor fail to take) any action, which if taken (or not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of any leases all leases, if any, constituting part a portion of the CollateralProperty; obtain and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which Trustor shall not be unreasonably withheld or delayed: remove, demolish or materially alter any of abandon the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any waste or deterioration of the Collateral; abandon all Property or any part of the Collateral portion thereof or leave the Collateral Property unprotected, unguarded, vacant or deserted; or Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses that which may be made of the Land Property by Trustor or Improvements by Mortgagorthe owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Agreement, the Note, the Regulatory Agreement, and any and all other instruments executed pursuant to the Agreement or in implementation thereof of or as evidence or security for the Agency Loan (“Agency Loan Documents”), Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Property and the rights of Trustee and Beneficiary with respect thereto.