Common use of MAINTENANCE, REPAIRS, ALTERATIONS Clause in Contracts

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property, or cause the same to be kept, in good condition and repair and fully protected from the elements to the satisfaction of Mortgagee; Mortgagor shall not commit nor permit to be committed waste thereon and shall not do nor permit to be done any act by which the Mortgaged Property shall become less valuable; Mortgagor will not remove, demolish or structurally alter any of the Houses (except such alterations as may be required by laws, ordinances or regulations) without the prior written permission of the Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representatives shall have access to the Premises at all reasonable times to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor Borrower shall keep the Mortgaged Property, or cause the same to be kept, in good condition and repair and fully protected from the elements to the satisfaction of MortgageeLender; Mortgagor Borrower shall not commit nor permit to be committed waste thereon and shall not do nor permit to be done any act by which the Mortgaged Property shall become less valuable; Mortgagor Borrower will not remove, demolish or structurally alter any of the Houses Improvements (except such alterations as may be maybe required by laws, ordinances or regulations) without the prior written permission of the MortgageeLender; Mortgagor Borrower shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Mortgagor Borrower shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinancesordinance, regulations. , covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee Lender has otherwise agreed in writing, Mortgagor Borrower shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee Lender at the time of execution hereof. Mortgagor Borrower shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of MortgageeLender. Mortgagee Lender and its representatives shall have access to the Premises at all reasonable times to determine whether Mortgagor Borrower is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. The Mortgagor shall will keep the Mortgaged Property, or cause the same to be kept, in good condition and repair and fully protected from the elements to the satisfaction of the Mortgagee; the Mortgagor shall not will commit nor or permit to be committed no waste thereon and shall not will do nor or permit to be done any no act by which the Mortgaged Property Premises shall become less valuable; the Mortgagor will not remove, demolish or structurally alter any of the Houses Improvements (except such alterations as may be required by laws, ordinances or regulations) without the prior written permission of the Mortgagee; the Mortgagor shall will complete promptly and in good and workmanlike manner any building or other improvement Improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvement which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; and the Mortgagor shall will use and operate, and shall will require its lessees or licensees to use or operate, the Mortgaged Property Premises in compliance with all applicable laws, ordinances, regulations. , covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. The Mortgagee and its representatives shall have access to the Premises at all reasonable times to determine whether the Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor Except as otherwise set forth in this Lease, Lessee acknowledges that the premises and the building located on the premises (the “Building”) are in good order and repair, unless otherwise indicated herein and accepts the premises "as is." Lessor shall keep repair and maintain in good order and condition, ordinary wear and tear excepted, the Mortgaged Propertymechanical and equipment rooms, the roof of the Building, the exterior walls of the Building, the exterior windows of the Building, the structural portions of the Building, the electrical, plumbing, mechanical, fire protection, life safety, parking lot, stormwater drainage systems, and HVAC systems servicing the Building. However, unless the waiver of subrogation provision in Paragraph 11 of this Lease applies, Lessee shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Lessee, its employees, agents, or cause contractors. Except to the same extent Lessor is obligated to be keptrepair and maintain the premises as provided above, Lessee shall, at its sole cost, maintain the premises, including landscaping, in good condition and repair and fully protected from the elements a clean, attractive condition, similar to the satisfaction of Mortgagee; Mortgagor shall not commit nor permit to be committed waste thereon condition that it existed on the Effective Date, reasonable wear and shall not do nor permit to be done any act by which tear excepted. Lessor shall, at its sole cost and expense, timely pay all real estate taxes and assessments on the Mortgaged Property shall become less valuable; Mortgagor will not remove, demolish property. No material improvement or structurally alter any alteration of the Houses (except such alterations as may premises shall be required by laws, ordinances or regulations) made without the prior written permission consent of the Mortgagee; Mortgagor Lessor, which consent shall complete promptly not be unreasonably withheld, conditioned or delayed. Prior to the commencement of any substantial repair, improvement, or alteration, Lessee shall give Lessor at least two (2) days written notice in order that Lessor may post appropriate notices to avoid any liability for liens. Lessee shall not commit any waste upon the premises or any nuisance, provided that the permitted uses granted under this Lease shall not be considered a waste or nuisance. Notwithstanding anything contained herein to the contrary, the parties hereby acknowledge and agree that the condition of the premises as of the Effective Date is more particularly described in good that certain Property Inspection Report, dated October 21, 2014, by Txxxxx Inspection Services, Inc., and workmanlike manner that certain Wood-Destroying Organisms Inspection Report, dated October 16, 2014, by SWAT Exterminating Company, attached hereto as composite Exhibit “A” (collectively, the “Inspection Reports”). Further, Lessor shall be solely responsible for the repair, replacement and maintenance of any building or other improvement which may be constructed condition existing on the Premises and promptly restore in like manner any improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Mortgagor shall use and operatepremises as of the Effective Date, and shall require its lessees or licensees to use or operate, including the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes set forth in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereofInspection Reports. Mortgagor shall not initiate or acquiesce to a zoning change Within thirty (30) days of the Mortgaged Property without Effective Date, Lessor shall repair those portions of the prior notice to and consent of Mortgagee. Mortgagee and its representatives shall have access to fence that are noted in the Premises at all reasonable times to determine whether Mortgagor Inspection Reports as requiring repair so that the premises is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Sectionproperly secured.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall reasonably keep the Mortgaged Property, or cause the same to be kept, in good condition and repair and fully protected from the elements to the satisfaction of Mortgagee; Mortgagor shall not commit nor or permit to be committed waste thereon and shall not do nor permit to be done any act by which the Mortgaged Property shall become less valuable; Mortgagor will not remove, demolish or structurally alter any of the Houses Improvements (except such alterations as may be required by laws, ordinances or regulations) without the prior written permission of the Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. , covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representatives shall have access to the Premises Mortgaged Property at all reasonable times to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property, or cause the same to be kept, in good condition and repair and fully protected from the elements to the satisfaction of Mortgagee; Mortgagor shall not commit nor permit to be committed waste thereon and shall not do nor permit to be done any act by which the Mortgaged Property shall become less valuable; Mortgagor will not remove, demolish or structurally alter any of the Houses Improvements (except such alterations as may be required by laws, ordinances or regulations) without the prior written permission of the Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. , covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representatives shall have access to the Premises at all reasonable times to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property, Property or cause the same to be kept, kept in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee; . Mortgagor shall not commit nor or permit to be committed any waste thereon and shall not do nor or permit to be done any act by which the Mortgaged Property shall become less valuable; . Mortgagor will shall not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of the Houses Mortgagee, which shall not be unreasonably withheld or delayed, except (except x) such alterations as may be required by laws, ordinances or regulations, (y) without non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the prior written permission Mortgaged Property shall be subject to the provisions of the Mortgagee; Note. Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvements which may be damaged or destroyed thereon and will shall pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. , covenants, conditions conditions, and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representatives representative shall have access to the Premises and Mortgaged Property at all reasonable times to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property, Property or cause the same to be kept, kept in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee; . Mortgagor shall not commit nor or permit to be committed any waste thereon and shall not do nor or permit to be done any act by which the Mortgaged Property shall become less valuable; . Mortgagor will shall not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the Houses outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, except (except x) such alterations as may be required by laws, ordinances or regulations, (y) without non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the prior written permission Mortgaged Property shall be subject to the provisions of the Mortgagee; Security Agreement. Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any improvements Improvements which may be damaged or destroyed thereon and will shall pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations. , covenants, conditions conditions, and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representatives representative shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.