Common use of Proper Care and Use Clause in Contracts

Proper Care and Use. (a) Borrower shall: (i) not abandon the Mortgaged Property or any part thereof; (ii) maintain the Mortgaged Property and the abutting grounds, sidewalks, roads, parking and landscape areas in good repair, order and condition; (iii) promptly make all necessary repairs, renewals, replacements and additions to the Mortgaged Property; (iv) not commit or suffer wastes (other than ameliorative waste) with respect to the Mortgaged Property: (v) complete promptly and in a good workerlike manner any new improvements constructed on the Land; (vi) not commit, suffer or permit any act to be done in or upon the Mortgaged Property in violation of any law, ordinance or regulation; (vii) (A) refrain from impairing or diminishing the value or integrity of the Mortgaged Property or the security value of this Mortgage; (B) not remove, demolish or in any material respect alter any of the Improvements, Equipment or Personalty without the prior written consent of Mortgagee; or (C) not make, install or permit to be made or installed, any alterations or additions thereto if doing so will impair the value of the Mortgaged Property; and (viii) not make, suffer or permit any nuisance to exist on any of the Mortgaged Property. (b) Mortgagee and any persons authorized by Mortgagee shall have the right to enter and inspect the Mortgaged Property at all reasonable times upon reasonable notice. If an Event of Default shall have occurred and be continuing or in the event of an emergency, Mortgagee and any persons authorized by Mortgagee may (without being obligated to do so) enter or cause entry to be made upon the Real Estate and repair and/or maintain the same as Mortgagee may reasonably deem necessary or advisable, and may (without being obligated to do so) make such expenditures and outlays of money as Mortgagee may deem reasonably appropriate for the preservation of the Mortgaged Property. All expenditures and outlays of money made by Mortgagee pursuant hereto shall be secured hereby and shall be payable on demand together with interest at the rate set forth in the Note from the date of such expenditure or outlay until paid.

Proper Care and Use. (a) Borrower a. Mortgagors shall: (i) not abandon the Mortgaged Property or any part thereof;Property, (ii) maintain the Mortgaged Property and the any future abutting grounds, sidewalks, roads, parking and landscape areas in good repair, order and condition;, except as otherwise may be permitted pursuant to Subsection 3a(iii) hereof, (iii) promptly make keep all necessary repairs, renewals, replacements Improvements and additions to all personal property comprising the Mortgaged Property;Property in good working order and condition, in the ordinary course of business and in a manner consistent with the prior practice of Mortgagors, (iv) not commit or suffer wastes (other than ameliorative waste) waste with respect to the Mortgaged Property:, (v) complete promptly diligently pursue to completion, without interruption (other than interruptions due to force majeure) and in a good workerlike manner and workmanlike manner, any new improvements future Improvements constructed on the Land;, (vi) not commit, suffer or permit any act to be done in or upon the Mortgaged Property in violation of any law, ordinance or regulation;, PROVIDED, HOWEVER, that the Company may contest any such law, ordinance or regulation in any reasonable manner which shall not, in the sole opinion of the Mortgagee, adversely affect the Mortgagee's rights or the priority of its lien on the Mortgaged Property, (vii) (A) refrain from impairing or diminishing the value or integrity of the Mortgaged Property or the security value of this Junior Mortgage; , (Bviii) not remove, demolish or in any material respect alter any of the ImprovementsImprovements or Fixtures unless such Improvement or Fixture is of a temporary nature (temporary meaning that it is an Improvement intended to be removed within a year after its placement on the Land), Equipment the removal or Personalty demolition would benefit the Mortgaged Property, the removal is of land fill only for sale in the ordinary course of Mortgagors' business, or the removal or demolition is not inconsistent with the Business Plan (as such term is defined in the Secured Agreement), without the prior written consent of the Mortgagee; , which consent shall not be unreasonably withheld or delayed, PROVIDED, HOWEVER, Mortgagors may without the necessity of any consent perform or cause to be performed alterations to the Improvements and Fixtures which do not materially impair the value of the Mortgaged Property and (a) are not inconsistent with the Business Plan, or (Cb) do not cost more than $500,000 or, if the cost of such alterations exceeds $500,000, the cost of which when added to the cost of other alterations not requiring consent previously made during the calendar year in which Mortgagors are making such alterations to the Mortgaged Property, does not result in an aggregate cost in excess of $1,000,000. Failure by the Mortgagee to deny any requested consent by Mortgagors pursuant to this clause (viii) within thirty (30) days following the date such request is telecopied to and confirmed received by Mortgagee shall be deemed to constitute a consent to such request by the Mortgagee. For purposes of determining the cost of any alteration to the Mortgaged Property, all aspects of the proposed alteration as a whole shall be taken into account regardless of when made and by whom the work may be performed, (ix) not make, install or permit to be made or installed, any alterations or additions thereto if doing so will materially impair the value of the Mortgaged Property; , without the prior written consent of the Mortgagee, and (viiix) not make, suffer or permit any nuisance to exist on any of the Mortgaged PropertyReal Estate. (b) b. Mortgagee and any persons authorized by Mortgagee shall have the right to enter and inspect the Mortgaged Property at all reasonable times upon reasonable written notice. When so requested by any Mortgagor, Mortgagee and its representatives shall be accompanied by Mortgagor or its representative. If an Event of Default shall have occurred and be continuing continuing, or in the event of an emergency, Mortgagee and any persons authorized by Mortgagee may Mortgagee, without any notice and without escort (and without being obligated to do so) may enter or cause entry to be made upon the Real Estate and repair and/or maintain the same as Mortgagee may reasonably deem necessary or advisable, and may (without being obligated to do so) make such expenditures and outlays of money as Mortgagee may reasonably deem reasonably appropriate for the preservation of the Mortgaged Property. All expenditures and outlays of money made by Mortgagee pursuant hereto shall be secured hereby and shall be payable on demand together with interest at the rate set forth Default Rate (as such term is defined in the Note from the date of such expenditure or outlay until paidSecured Agreement).

Proper Care and Use. (a) Borrower a. Mortgagor shall: (i) not abandon the Mortgaged Property or any part thereof;Property, (ii) maintain the Mortgaged Property and the any future abutting grounds, sidewalks, roads, parking and landscape areas in good repair, order and condition;, except as otherwise may be permitted pursuant to Subsection 3a(iii) hereof, (iii) promptly make keep all necessary repairs, renewals, replacements Improvements and additions to all personal property comprising the Mortgaged Property;Property in good working order and condition, in the ordinary course of business and in a manner consistent with the prior practice of Mortgagor, (iv) not commit or suffer wastes (other than ameliorative waste) waste with respect to the Mortgaged Property:, (v) complete promptly diligently pursue to completion, without interruption (other than interruptions due to force majeure) and in a good workerlike manner and workmanlike manner, any new improvements future Improvements constructed on the Land;, (vi) not commit, suffer or permit any act to be done in or upon the Mortgaged Property in violation of any law, ordinance or regulation;, PROVIDED, HOWEVER, that the Company may contest any such law, ordinance or regulation in any reasonable manner which shall not, in the sole opinion of the Mortgagee, adversely affect the Mortgagee's rights or the priority of its lien on the Mortgaged Property, (vii) (A) refrain from impairing or diminishing the value or integrity of the Mortgaged Property or the security value of this Mortgage; , (Bviii) not remove, demolish or in any material respect alter any of the ImprovementsImprovements or Fixtures unless such Improvement or Fixture is of a temporary nature (temporary meaning that it is an Improvement intended to be removed within a year after its placement on the Land), Equipment the removal or Personalty demolition would benefit the Mortgaged Property, the removal is of land fill only for sale in the ordinary course of Mortgagor's business, or the removal or demolition is not inconsistent with the Business Plan (as such term is defined in the Secured Agreement), without the prior written consent of the Mortgagee; , which consent shall not be unreasonably withheld or delayed, PROVIDED, HOWEVER, Mortgagor may without the necessity of any consent perform or cause to be performed alterations to the Improvements and Fixtures which do not materially impair the value of the Mortgaged Property and (a) are not inconsistent with the Business Plan, or (Cb) do not cost more than $500,000 or, if the cost of such alterations exceeds $500,000, the cost of which when added to the cost of other alterations not requiring consent previously made during the calendar year in which Mortgagor is making such alterations to the Mortgaged Property, does not result in an aggregate cost in excess of $1,000,000. Failure by the Mortgagee to deny any requested consent by Mortgagor pursuant to this clause (viii) within thirty (30) days following the date such request is telecopied to and confirmed received by Mortgagee shall be deemed to constitute a consent to such request by the Mortgagee. For purposes of determining the cost of any alteration to the Mortgaged Property, all aspects of the proposed alteration as a whole shall be taken into account regardless of when made and by whom the work may be performed, (ix) not make, install or permit to be made or installed, any alterations or additions thereto if doing so will materially impair the value of the Mortgaged Property; , without the prior written consent of the Mortgagee, and (viiix) not make, suffer or permit any nuisance to exist on any of the Mortgaged PropertyReal Estate. (b) b. Mortgagee and any persons authorized by Mortgagee shall have the right to enter and inspect the Mortgaged Property at all reasonable times upon reasonable written notice. When so requested by Mortgagor, Mortgagee and its representatives shall be accompanied by Mortgagor or its representative. If an Event of Default shall have occurred and be continuing continuing, or in the event of an emergency, Mortgagee and any persons authorized by Mortgagee may Mortgagee, without any notice and without escort (and without being obligated to do so) may enter or cause entry to be made upon the Real Estate and repair and/or maintain the same as Mortgagee may reasonably deem necessary or advisable, and may (without being obligated to do so) make such expenditures and outlays of money as Mortgagee may reasonably deem reasonably appropriate for the preservation of the Mortgaged Property. All expenditures and outlays of money made by Mortgagee pursuant hereto shall be secured hereby and shall be payable on demand together with interest at the rate set forth Default Rate (as such term is defined in the Note from the date of such expenditure or outlay until paidSecured Agreement).

Proper Care and Use. Inspection. (a) Borrower Mortgagor shall: (i) not abandon the Mortgaged Property or any part thereof;Property, (ii) maintain the Mortgaged Property and the abutting grounds, sidewalks, roads, parking and landscape areas Facility in good repair, working order and condition;, (iii) promptly make all necessary repairs, renewals, renewals and replacements to the Facility and additions and betterments thereto which are necessary for the Facility to operate in compliance with the terms of the Basic Documents, and in compliance with all Legal Requirements (as hereinafter defined) affecting the Mortgaged Property and all requirements of the appropriate Board of Fire Underwriters or other similar body acting in and for the locality in which the Mortgaged Property is located, except to the extent that the failure to comply with the terms of the Basic Documents could not reasonably be expected to have a material adverse effect on the business, properties, operations, condition (financial or otherwise) or prospects of Mortgagor or the Mortgaged Property;Property or on the ability of Mortgagor to perform its obligations under the Basic Documents to which it is a party, (iv) not commit or suffer wastes (other than ameliorative waste) waste with respect to the Mortgaged Property:, (v) complete promptly and in a good workerlike manner any new improvements constructed on the Land; (vi) not commit, suffer or permit any act to be done in or upon the Mortgaged Property in violation of any law, ordinance or regulation; (vii) (A) refrain from impairing or diminishing the value or integrity of the Mortgaged Property or the security value of this Mortgage; , (Bvi) not remove, demolish or in any material respect alter any of the Improvements, Equipment or Personalty without the prior written consent of Mortgagee; or (C) not make, install or permit to be made or installed, any alterations or additions thereto if doing so will impair the value of the Mortgaged Property; and (viiivii) not make, suffer or permit any nuisance to exist on any of the Mortgaged PropertyProperty (the construction and operation of the Improvements being deemed not to constitute a nuisance). (b) Mortgagee Mortgages and any persons authorized by Mortgagee shall have the right to enter and inspect the Mortgaged Property and the right to inspect all work done, labor performed and materials furnished in and about the Improvements and the right to inspect and make copies of all books, contracts and records of Mortgagor relating to the Mortgaged Property, all at all such reasonable times upon during business hours and at such intervals as Mortgagor relating to the Mortgaged Property, all at such reasonable noticetimes during business hours and at such intervals as Mortgagee may request. Mortgagor authorized Mortgagee to communicate directly with its accountants and with any other entity keeping its books and records. If an Event of Default (as hereinafter defined) shall have occurred and be continuing or in the event of an emergencycontinuing, Mortgagee and any persons authorized by Mortgagee may (without being obligated to do so) enter or cause entry to be made upon the Real Estate and inspect, repair and/or maintain the same as Mortgagee may reasonably deem necessary or advisable, and may (without being 7 obligated to do so) make such expenditures and outlays of money as Mortgagee Mortgages may deem reasonably appropriate for the preservation of the Mortgaged Property, provided, that Mortgagee shall give Mortgagor three Business Days' prior written notice in the event that Mortgagee intends to enter upon the Real Estate for the purpose of constructing, equipping and completing the Project in accordance with Section 9 of the Loan Agreement. All expenditures and outlays of money made by Mortgagee pursuant hereto shall be added to the Indebtedness and shall be secured hereby and shall be payable on demand together with interest at an interest rate equal to the lower of (i) the highest rate set forth in allowed by applicable law and (ii) an interest rate per annum equal to 2% plus the Note Base Rate (such lower rate, the "Default Rate:) from the date of such the expenditure or outlay until paid.