Common use of MORTGAGOR TO COMPLY WITH LEASES Clause in Contracts

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shall, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property or any part thereof, (b) use its best efforts to enforce or secure the performance of each obligation and understanding of the respective tenants under any such leases, and (c) appear in and defend, any action or proceeding arising out of or in any manner connected with Mortgagor's interest in any leases of the Mortgaged Property or any part thereof. Mortgagor shall permit neither surrender nor assignment of any tenant's interest under said leases unless the right to assign or surrender is expressly reserved under the lease. Mortgagor shall not anticipate any installment of rent for more than one (1) month in advance of its due date, nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall not modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such neither leases nor exercise or waive any default of the tenant thereunder without the prior written consent of the Mortgagee.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shallwill, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property or any part thereof, (b) and use its best efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with Mortgagor's Xxxxxxxxx’s interest in any leases of the Mortgaged Property or any part thereofProperty. Mortgagor Xxxxxxxxx shall permit neither no surrender nor assignment of any tenant's ’s interest under said leases unless the right to assign or surrender is expressly reserved under the lease. Mortgagor shall not anticipate lease (or otherwise permitted under the Loan Agreement), nor accept any installment of rent for more than one (1) month in advance of its due date, nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage this Instrument or lien. Mortgagor shall will not modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such neither leases nor exercise or waive any default of the tenant thereunder without the prior written consent of Mortgagee, to the Mortgageeextent such consent is required under the terms of the Loan Agreement.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shallwill, at its own cost and expense, : (a) perform, comply Provide Mortgagee with and discharge a copy of all Leases of the obligations of Mortgagor under any leases or agreements for the use Premises pursuant to and in accordance with Section 5.16 of the Mortgaged Property or any part thereof, Loan Agreement. (b) use its best efforts Faithfully abide by, perform and discharge each and every material obligation, covenant and agreement under any Leases of the Premises to enforce be performed by the landlord thereunder; (c) Enforce or secure the performance of each obligation and understanding every material obligation, covenant, condition and agreement of the respective Leases by the tenants thereunder to be performed; (d) Not borrow against, pledge or further assign any Rents due under the Leases; (e) Not permit the prepayment of any Rents due under any Lease for more than thirty (30) days in advance nor for more than the next accruing installment of Rents, nor anticipate, discount, compromise, forgive or waive any such leasesRents; (f) Not waive, and (c) appear in and defendexcuse, any action or proceeding arising out of condone or in any manner connected with Mortgagor's interest in release or discharge any leases tenants of or from the Mortgaged Property or material obligations, covenants, conditions and agreements by said tenants to be performed under the Leases; (g) Not permit any part thereof. Mortgagor shall permit neither surrender nor assignment of any tenant's interest under said leases unless the right tenant to assign or surrender is expressly reserved under sublet its interest in its Lease unless permitted to do so by the lease. Mortgagor shall terms of such Lease and then only if such assignment does not anticipate work to relieve the tenant of any installment liability for payment of rent for more than one (1) month in advance and performance of its due date, nor execute obligations under such Lease; (h) Not terminate any mortgage Leases or create accept a surrender thereof or permit a lien which may be discharge of the tenant unless required to do so by the terms of its Lease or become superior unless such tenant is in default of its Lease; (i) Not consent to any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall not modify or amend the terms interest of any such leases, nor borrow against tenant to any party other than Mortgagee and then only if specifically consented to by Mortgagee; and (j) Not amend or pledge modify any Lease or alter the rentals from such neither leases nor exercise or waive any default obligations of the tenant parties thereunder without the prior written consent of the Mortgagee.Mortgagee unless such Lease is, and continues after such amendment or modification to be, an Approved Lease. N:\PL\80714\80714-073\1257591.doc

MORTGAGOR TO COMPLY WITH LEASES. The Mortgagor shallrepresents and warrants that there are currently no leases in existence in connection with any portion of the Premises. The Mortgagor further covenants and warrants that it shall not enter into leases for any portion of the Premises without obtaining the prior written consent of the Mortgagee. With reference to any leases executed in accordance with this Section 6.1, the Mortgagor will, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of the Mortgagor under any leases or agreements for the use of the Mortgaged Property or any part thereof, (b) and use its best efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with the Mortgagor's interest in any leases of the Mortgaged Property Premises. The Mortgagor will not modify, extend, renew, terminate, accept a surrender of, or in any part thereof. Mortgagor shall permit neither surrender way alter the terms of the leases, nor borrow against, pledge or assign any rentals due under the leases nor consent to a subordination or assignment of the interest of the tenants thereunder to any tenant's interest under said leases unless party other than the right to assign or surrender is expressly reserved under Mortgagee, nor anticipate the lease. Mortgagor shall not anticipate any installment of rent rents thereunder for more than one (1) month in advance or reduce the amount of its due daterents and other payments thereunder, nor execute waive, excuse, condone or in any mortgage manner release or create discharge the tenants of or permit a lien which from their obligations, covenants, conditions and agreements to be performed. Notwithstanding anything to the contrary herein contained, the Mortgagor may be amend or become superior to modify any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall not modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such neither existing leases nor exercise or waive any default of the tenant thereunder without the prior written consent of the MortgageeMortgagee provided that such amendments or modifications are made in the ordinary course of business and do not diminish any material benefit accruing to the landlord under such lease or reduce either the length of the term, the rental or the size of the demised premises.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagee acknowledges that as of the date hereof that Mortgagor shallis the sole occupant (and owner) of the Premises, and as such, there exists no leases in effect for the Premises, and that the provisions of this Article 6 (and elsewhere in this Mortgage with respect to leases and rents) are intended to an shall cover and apply to any future leases of or on the Premises. Mortgagor will, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property all or any part thereof, (b) of the Premises and use its best reasonable efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with Mortgagor's interest in any leases pertaining to the Premises. Mortgagor will not enter any new leases, nor modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of such leases, nor borrow against, pledge or assign any rentals due under the leases nor consent to a subordination or assignment of the Mortgaged Property or interest of a tenant thereunder to any part thereof. Mortgagor shall permit neither surrender party other than Mortgagee, nor assignment of any tenant's interest under said leases unless anticipate the right to assign or surrender is expressly reserved under the lease. Mortgagor shall not anticipate any installment of rent rents thereunder for more than one (1) month in advance or reduce the amount of its due daterents and other payments thereunder, nor execute waive, excuse, condone or in any mortgage manner release or create discharge a tenant of or permit from any obligations, covenants, conditions and agreements to be performed nor incur any indebtedness to a lien which may be or become superior tenant, nor agree to any such leases"free rent period without Mortgagee's consent which shall not be unreasonably withheld, nor permit a subordination enter into any additional leases of all or any lease to such mortgage or lien. Mortgagor shall not modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such neither leases nor exercise or waive any default part of the tenant thereunder Premises without the prior written consent of Mortgagee. Mortgagor shall give Mortgagee a copy of any notice of default given by Mortgagor to any tenants of the MortgageePremises.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shallwill, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property whether in existence now or any part thereof, entered into subsequent to the date hereof (bthe "LEASES") and use its best efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, the Leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with the Mortgagor's interest in any leases the Leases. In connection with the leasing or rental of the Mortgaged Property Property, or any part or portion thereof, the Mortgagor covenants and agrees that: (i) all Leases shall be in writing; (ii) upon request of Mortgagee, Mortgagor will provide Mortgagee with a current tenant list and rent roll, certified to by the Mortgagor, not less frequently than each anniversary of the Note. Mortgagor shall permit neither surrender will not borrow against, pledge or assign any rentals due under the Leases; nor borrow against, pledge or assign any rentals due under the Leases nor consent to a subordination or assignment of the interest of the tenants thereunder to any tenant's interest under said leases unless party other than the right to assign or surrender is expressly reserved under Mortgagee, nor anticipate the lease. Mortgagor shall not anticipate any installment of rent rents thereunder for more than one (1) month in advance of its due dateadvance, nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall not modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such neither leases nor exercise or waive any default of the tenant thereunder without the prior written consent of the Mortgagee.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shallwill, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property or any part thereof, (b) Premises and use its Mortgagor's best efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with the Mortgagor's interest in any leases of the Mortgaged Property or any part thereofPremises. Mortgagor shall permit neither no surrender nor or assignment of any tenant's interest under said leases unless the right to assign or surrender is expressly reserved under the lease. Mortgagor shall not anticipate , accept any installment of rent for more than one (1) month in advance of its due date, nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall will not materially modify or amend the terms of any such leases, nor or borrow against or pledge the rentals from such neither leases nor or exercise or waive any default of the tenant thereunder without the prior written consent of the Mortgagee.

MORTGAGOR TO COMPLY WITH LEASES. Mortgagor shallwill, at its own cost and expense, (a) perform, comply with and discharge all of the obligations of Mortgagor under any leases or agreements for the use of the Mortgaged Property or any part thereof, (b) Premises and use its best efforts to enforce or secure the performance of each obligation and understanding undertaking of the respective tenants under any such leases, leases and (c) will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with the Mortgagor's ’s interest in any leases of the Mortgaged Property or any part thereofPremises. Mortgagor shall permit neither no surrender nor assignment of any tenant's ’s interest under said leases unless the right to assign or surrender is expressly reserved under the lease. Mortgagor shall not anticipate lease nor accept any installment of rent for more than one (1) month in advance of its due date, date nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage or lien. Mortgagor shall will not modify or amend the terms of any such leases, nor borrow against or pledge or assign the rentals from such neither leases nor exercise excuse or waive any default of the tenant thereunder without the prior written consent of the Mortgagee.