Common use of Performance of Leases Clause in Contracts

Performance of Leases. Fully perform on a timely basis all of its obligations under each Approved Lease and all other agreements entered into by Borrower pursuant to any of the foregoing. Borrower shall not materially amend, assign, or cancel any Approved Lease, or consent to the cancellation, transfer, material amendment, or assignment thereof by any other party thereto, without Lender's prior written consent, such consent not to be unreasonably withheld or delayed. Borrower shall not take any action the effect of which may diminish or impair the value of any Approved Lease. Promptly after its receipt thereof, Borrower shall deliver to Lender a copy of any notice of default it receives or gives under any Approved Lease, and this obligation to furnish copies of notices shall apply even though the party giving notice may be obligated to send a copy of such notice to Lender. Without in any way limiting any term or provision of this Agreement, Borrower shall also promptly provide written notice to Lender of the occurrence of any event, which with notice, lapse of time, or both would constitute a default under any Approved Lease. Borrower hereby grants to Lender the right at any time during the existence of a Default or an Event of Default to take any actions necessary and appropriate to protect Lender's interest or remedy any default under the Approved Leases by or on behalf of Borrower or otherwise, even though such action may be prior to the expiration of any applicable curative periods thereunder, and all sums paid by Lender in connection with such matters shall be immediately repayable by Borrower to Lender, together with interest on each such amount at the Maximum Rate from the date the sum is paid by Lender until the same is refunded to Lender, and shall be secured by the Deed of Trust. Further, after request of Lender (which may be given from time to time) Borrower shall provide to Lender evidence, reasonably satisfactory to Lender (which may include, without limitation, sworn statements from authorized representatives of Borrower) that all items to be delivered and obligations to be performed by Borrower under each Approved Lease have been satisfied through the date thereof.

Performance of Leases. Fully The Assignor shall: --------------------- a. Faithfully abide by, perform on a timely basis all and discharge each and every obligation, covenant and agreement under any Leases of the Premises to be performed by the landlord thereunder; b. Enforce or secure the performance of each and every material obligation, covenant, condition and agreement of said Leases by the tenants thereunder to be performed with respect to the Premises; c. Not borrow against, pledge or further assign any rentals due under said Leases to the extent they pertain to the Premises; d. Not permit the prepayment of any Rents 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 Rents; e. Not waive, excuse, condone or in any manner release or discharge any tenants of or from the obligations, covenants, conditions and agreements by said tenants to be performed under the Leases; f. Not permit any tenant to assign or sublet its interest in its Lease unless required to do so by the terms of the Lease and then only if such assignment does not work to relieve the tenant of any liability for payment of and performance of its obligations under each Approved the Lease; g. Not terminate any Lease or accept a surrender thereof or a discharge of the tenant unless required to do so by the terms of its Lease or unless the Assignor and tenant shall have executed a new Lease effective upon such termination for the same term of years at a rental not less than as provided in the terminated Lease and all other agreements entered into by Borrower pursuant on terms no less favorable to the landlord than as in the terminated Lease; h. Not consent to a subordination of the interest of any tenant with respect to the Premises to any party other than Assignee and then only if specifically consented to by the Assignee; and i. Not amend or modify any Lease or alter the obligations of the foregoing. Borrower shall parties thereunder, except in the ordinary and prudent course of business with due regard for the security afforded the Assignee by the Lease and which does not materially amend, assign, or cancel any Approved Lease, or consent to the cancellation, transfer, material amendment, or assignment thereof by any other party thereto, without Lender's prior written consent, such consent not to be unreasonably withheld or delayed. Borrower shall not take any action the effect of which may diminish or impair the value of any Approved Lease. Promptly after its receipt thereof, Borrower shall deliver to Lender a copy of any notice of default it receives or gives under any Approved Lease, and this obligation to furnish copies of notices shall apply even though the party giving notice may be obligated to send a copy of such notice to Lender. Without in any way limiting any reduce the rent or diminish the term thereof or provision of this Agreement, Borrower shall also promptly provide written notice to Lender the obligations of the occurrence tenant thereunder or increase the term of any event, which with notice, lapse of time, the tenancy or both would constitute a default under any Approved Lease. Borrower hereby grants to Lender impose additional obligations or burdens on the right at any time during the existence of a Default or an Event of Default to take any actions necessary and appropriate to protect Lender's interest or remedy any default under the Approved Leases by or on behalf of Borrower or otherwise, even though such action may be prior to the expiration of any applicable curative periods thereunder, and all sums paid by Lender in connection with such matters shall be immediately repayable by Borrower to Lender, together with interest on each such amount at the Maximum Rate from the date the sum is paid by Lender until the same is refunded to Lender, and shall be secured by the Deed of Trust. Further, after request of Lender (which may be given from time to time) Borrower shall provide to Lender evidence, reasonably satisfactory to Lender (which may include, without limitation, sworn statements from authorized representatives of Borrower) that all items to be delivered and obligations to be performed by Borrower under each Approved Lease have been satisfied through the date thereoflandlord.

Performance of Leases. Fully (a) To faithfully abide by, perform on a timely basis all of its obligations under and discharge each Approved Lease and all other agreements entered into by Borrower pursuant to any every material obligation, covenant and agreement of the foregoing. Borrower shall not materially amendAccredited Lease by Borrower, assignas landlord, or cancel any Approved Lease, or consent to the cancellation, transfer, material amendment, or assignment thereof by any other party thereto, without Lender's prior written consent, such consent not to be unreasonably withheld performed; (b) to use its reasonable efforts to enforce or delayed. Borrower shall not take any action secure the effect performance of which may diminish or impair the value each and every material obligation, covenant, condition and agreement of any Approved Lease. Promptly after its receipt thereof, Borrower shall deliver to Lender a copy of any notice of default it receives or gives under any Approved Lease, and this obligation to furnish copies of notices shall apply even though the party giving notice may be obligated to send a copy of such notice to Lender. Without in any way limiting any term or provision of this Agreement, Borrower shall also promptly provide written notice to Lender of the occurrence of any event, which with notice, lapse of time, or both would constitute a default under any Approved Lease. Borrower hereby grants to Lender the right at any time during the existence of a Default or an Event of Default to take any actions necessary and appropriate to protect Lender's interest or remedy any default under the Approved Leases by or on behalf of Borrower or otherwise, even though such action may be prior to the expiration of any applicable curative periods thereunder, and all sums paid by Lender in connection with such matters shall be immediately repayable by Borrower to Lender, together with interest on each such amount at the Maximum Rate from the date the sum is paid by Lender until the same is refunded to Lender, and shall be secured by the Deed of Trust. Further, after request of Lender (which may be given from time to time) Borrower shall provide to Lender evidence, reasonably satisfactory to Lender (which may include, without limitation, sworn statements from authorized representatives of Borrower) that all items to be delivered and obligations Lease to be performed by Tenant; (c) not to surrender, cancel, amend, modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of the Accredited Lease without the prior written consent of American Family, which consent shall not be unreasonably withheld, conditioned or delayed; (d) not to borrow against, pledge, or assign any rentals due under the Accredited Lease, nor consent to a subordination or assignment of the interest of the Accredited Tenant thereunder to any party other than American Family; (e) not to permit the prepayment of the rents thereunder for more than one (1) month in advance or reduce the amount of the rents and other payments thereunder; (f) not to waive, excuse, condone or in any manner release or discharge the Accredited Tenant under the Accredited Lease of or from their obligations, covenants, conditions and agreements to be performed by Accredited Tenant under the Accredited Lease without first securing the prior written consent of American Family, which consent shall not be unreasonably withheld, conditioned or delayed; (g) not to enter into any additional or renewal Lease of all or any part of the Premises except in conformity with the terms of the Security Deed. In the event the Accredited Tenant of the Premises seeks for any reason to buy out or financially satisfy the Accredited Lease in whole or in part prior to normal expiration of the Accredited Lease, and obtains permission from Borrower under each Approved Lease have been satisfied through and American Family to do so, all such proceeds shall, at the date thereofsole discretion of American Family, be applied to the Indebtedness in the order determined by American Family in its sole discretion.

Performance of Leases. Fully perform on a timely basis Assignor will, at its own cost and expense perform, comply with and discharge all of the obligations of Assignor under any Leases and use its obligations best efforts to enforce or secure the performance of each obligation and undertaking of the respective occupants or tenants under each Approved Lease any such Leases and all other agreements entered into by Borrower pursuant will appear in and defend, at its own cost and expense, any action or proceedings arising out of or in any manner connected with Assignor's interest in any Leases of the Premises. Assignor will not borrow against, pledge or assign any rentals due under the Leases nor consent to a subordination or assignment of the interest of the occupants or the tenants thereunder to any party other than Assignee, nor anticipate the rents thereunder for more than one (1) month in advance or reduce the amount of rents and other payments thereunder, nor incur any indebtedness to the occupants or tenants under such Leases without the prior written consent of Assignee. With respect to all Leases of the foregoing. Borrower shall Premises, Assignor agrees that it will not materially amendexecute new Leases or modify, assignextend, renew, terminate accept a surrender of or cancel any Approved Lease, or consent to the cancellation, transfer, material amendment, or assignment thereof by any other party thereto, without Lender's prior written consent, such consent not to be unreasonably withheld or delayed. Borrower shall not take any action the effect of which may diminish or impair the value of any Approved Lease. Promptly after its receipt thereof, Borrower shall deliver to Lender a copy of any notice of default it receives or gives under any Approved Lease, and this obligation to furnish copies of notices shall apply even though the party giving notice may be obligated to send a copy of such notice to Lender. Without in any way limiting any term or provision of this Agreement, Borrower shall also promptly provide written notice to Lender alter the terms of the occurrence Leases nor waive, excuse, condone or in any manner release or discharge the occupants or tenants of any eventor from their obligations, which with notice, lapse of time, or both would constitute a default under any Approved Lease. Borrower hereby grants to Lender the right at any time during the existence of a Default or an Event of Default to take any actions necessary covenants and appropriate to protect Lender's interest or remedy any default under the Approved Leases by or on behalf of Borrower or otherwise, even though such action may be prior to the expiration of any applicable curative periods thereunder, and all sums paid by Lender in connection with such matters shall be immediately repayable by Borrower to Lender, together with interest on each such amount at the Maximum Rate from the date the sum is paid by Lender until the same is refunded to Lender, and shall be secured by the Deed of Trust. Further, after request of Lender (which may be given from time to time) Borrower shall provide to Lender evidence, reasonably satisfactory to Lender (which may include, without limitation, sworn statements from authorized representatives of Borrower) that all items to be delivered and obligations agreements to be performed by Borrower under each Approved Lease have been satisfied through without the date thereofprior written consent of Assignee. Assignor will deliver copies of all lease amendments and new leases to Assignee within ten (10) days prior to execution.

Performance of Leases. Fully (a) To faithfully abide by, perform on a timely basis all of its obligations under and discharge each Approved Lease and all other agreements entered into by Borrower pursuant to any every material obligation, covenant and agreement of the foregoing. Borrower shall not materially amendAccredited Lease by Xxxxxxxx, assignas landlord, or cancel any Approved Lease, or consent to the cancellation, transfer, material amendment, or assignment thereof by any other party thereto, without Lender's prior written consent, such consent not to be unreasonably withheld performed; (b) to use its reasonable efforts to enforce or delayed. Borrower shall not take any action secure the effect performance of which may diminish or impair the value each and every material obligation, covenant, condition and agreement of any Approved Lease. Promptly after its receipt thereof, Borrower shall deliver to Lender a copy of any notice of default it receives or gives under any Approved Lease, and this obligation to furnish copies of notices shall apply even though the party giving notice may be obligated to send a copy of such notice to Lender. Without in any way limiting any term or provision of this Agreement, Borrower shall also promptly provide written notice to Lender of the occurrence of any event, which with notice, lapse of time, or both would constitute a default under any Approved Lease. Borrower hereby grants to Lender the right at any time during the existence of a Default or an Event of Default to take any actions necessary and appropriate to protect Lender's interest or remedy any default under the Approved Leases by or on behalf of Borrower or otherwise, even though such action may be prior to the expiration of any applicable curative periods thereunder, and all sums paid by Lender in connection with such matters shall be immediately repayable by Borrower to Lender, together with interest on each such amount at the Maximum Rate from the date the sum is paid by Lender until the same is refunded to Lender, and shall be secured by the Deed of Trust. Further, after request of Lender (which may be given from time to time) Borrower shall provide to Lender evidence, reasonably satisfactory to Lender (which may include, without limitation, sworn statements from authorized representatives of Borrower) that all items to be delivered and obligations Lease to be performed by Tenant; (c) not to surrender, cancel, amend, modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of the Accredited Lease without the prior written consent of American Family, which consent shall not be unreasonably withheld, conditioned or delayed; (d) not to borrow against, pledge, or assign any rentals due under the Accredited Lease, nor consent to a subordination or assignment of the interest of the Accredited Tenant thereunder to any party other than American Family; (e) not to permit the prepayment of the rents thereunder for more than one (1) month in advance or reduce the amount of the rents and other payments thereunder; (f) not to waive, excuse, condone or in any manner release or discharge the Accredited Tenant under the Accredited Lease of or from their obligations, covenants, conditions and agreements to be performed by Accredited Tenant under the Accredited Lease without first securing the prior written consent of American Family, which consent shall not be unreasonably withheld, conditioned or delayed; (g) not to enter into any additional or renewal Lease of all or any part of the Premises except in conformity with the terms of the Security Deed. In the event the Accredited Tenant of the Premises seeks for any reason to buy out or financially satisfy the Accredited Lease in whole or in part prior to normal expiration of the Accredited Lease, and obtains permission from Borrower under each Approved Lease have been satisfied through and American Family to do so, all such proceeds shall, at the date thereofsole discretion of American Family, be applied to the Indebtedness in the order determined by American Family in its sole discretion.