Repair; Alterations; Waste; Environmental. Grantor shall keep all of the Security in good and substantial repair, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any act or suffer or permit any act to be done, whereby the lien and security title hereof may be impaired and shall comply with all zoning laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. Grantor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Grantee's prior written consent. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantor shall comply with all terms and implement the recommendations of that certain ADA Compliance Plan dated December 8, 1995 by Xxxxxx and Xxxxxxxxxx,Inc. If Grantor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor hereby waives any claim against Grantee and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor shall upon demand repay to Grantee and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this Deed. Grantor represents and warrants that there are and at all times will be at least 415 parking spaces as part of the Security. Except for matters reflected in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the Security has used or is using Hazardous Materials (hereinafter defined) on, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:
Appears in 1 contract
Samples: Debt and Security Agreement (Century Properties Fund Xix)
Repair; Alterations; Waste; Environmental. Grantor shall keep all of the Security in good and substantial repairrepair subject to normal wear and tear, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply in all material respects with all zoning laws (including, without limitation, preservation of any rights as to any non-conforming use), building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. ; provided that nothing herein shall preclude Grantor from contesting any matter in good faith through appropriate legal means diligently pursued so long as Grantor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Grantee's Beneficiary’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as it does not impair the value of the Security. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any building or other Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheldBeneficiary. Grantor shall comply with all terms the Americans with Disabilities Act of 1990, as amended, including, without limitation, any regulations, rulings and orders promulgated pursuant thereto in connection with any Work, any repair to the Security or any tenant improvements to be performed by Grantor and shall comply with and implement the recommendations of with respect to accessible shower rooms contained in that certain ADA Compliance Plan Property Condition Assessment, dated December 8November 7, 1995 2003 prepared by Xxxxxx and Xxxxxxxxxx,Inc. Jones, Hill, XxXxxxxxx & Xxxxx. If Grantor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee Beneficiary or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor hereby waives any claim against Grantee Beneficiary and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor shall upon demand notice repay to Grantee Beneficiary and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedDeed of Trust. Grantor represents and warrants that there are and at all times will be currently at least 415 the number of paved and designated parking spaces as part (including adequate, properly-sized, delineated and assigned handicap parking spaces) available on of the SecurityReal Property as are shown on the survey delivered to Beneficiary. Except for matters reflected Grantor covenants and agrees that throughout the Term (as defined in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part Section 1 of the Security has used or is using Hazardous Materials (hereinafter definedNote) onit shall continue to make available, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of sufficient parking spaces on the SecurityReal Property to comply with all leases, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to all applicable government regulations and the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:Easement Agreements.
Appears in 1 contract
Samples: Trust and Security Agreement (Highland Hospitality Corp)
Repair; Alterations; Waste; Environmental. Grantor Trustor shall keep all of the Security in good and substantial repairrepair subject to normal wear and tear, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply in all material respects with all zoning laws (including, without limitation, preservation of any rights as to any non-conforming use), building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. Grantor ; provided that nothing herein shall preclude Trustor from contesting any matter in good faith through appropriate legal means diligently pursued so long as Trustor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Grantee's Beneficiary’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as it does not impair the value of the Security. Grantor Trustor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any building or other Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheldBeneficiary. Grantor Trustor shall comply with all terms the Americans with Disabilities Act of 1990, as amended, including, without limitation, any regulations, rulings and implement orders promulgated pursuant thereto in connection with any Work, any repair to the recommendations of that certain ADA Compliance Plan dated December 8, 1995 Security or any tenant improvements to be performed by Xxxxxx and Xxxxxxxxxx,Inc. Trustor. If Grantor Trustor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee Beneficiary or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor Trustor hereby waives any claim against Grantee Beneficiary and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor Trustor shall upon demand notice repay to Grantee Beneficiary and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedDeed of Trust. Grantor Trustor represents and warrants that there are and at all times will be currently at least 415 the number of paved and designated parking spaces as part (including adequate, properly-sized, delineated and assigned handicap parking spaces) available on of the SecurityReal Property as are shown on the survey delivered to Beneficiary. Except for matters reflected Trustor covenants and agrees that throughout the Term (as defined in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part Section 1 of the Security has used or is using Hazardous Materials (hereinafter definedNote) onit shall continue to make available, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of sufficient parking spaces on the SecurityReal Property to comply with all leases, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to all applicable government regulations and the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:Easement Agreements.
Appears in 1 contract
Samples: Trust and Security Agreement (Highland Hospitality Corp)
Repair; Alterations; Waste; Environmental. Grantor shall keep all of the Security in good and substantial repair, and expressly agrees that it will neither permit nor commit any waste upon the Security, Security nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply with all zoning laws, building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter impose any duty on Grantor with respect to the use, occupancy, or alteration of the Security or which may otherwise become applicable to the Security, including, without limitation the Americans with Disabilities Act of 1990 ("ADA"). Grantor hereby represents, warrants and covenants that the Security does or will comply with all ADA requirements within the applicable required time periods. Grantor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not to initiate or acquiesce in any zoning variance or reclassification, without GranteeBeneficiary's prior written consent. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, Land nor alter, remove or demolish any building or other Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheldBeneficiary. Grantor shall comply with all terms and implement the recommendations of that certain ADA Compliance Plan dated December 8, 1995 by Xxxxxx and Xxxxxxxxxx,Inc. If Grantor fails to observe any of the provisions of this Section, Section 13 or suffers or permits any Event of Default to exist under this SectionSection 13, Grantee Beneficiary or a lawfully appointed receiver of the Security Security, at its optiontheir respective options, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems they deem necessary to bring the Security into compliance with the provisions of this Section 13 and may enter upon the Security for any of the foregoing purposes, and Grantor hereby waives any claim against Grantee Beneficiary and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this SectionSection 13 except claims arising from the gross negligence or willful misconduct of Beneficiary or such receiver. Grantor shall upon demand repay to Grantee Beneficiary and such receiver, with interest at the Default Rate, all reasonable amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this SectionSection 13, and such repayment shall be secured by the lien and security title of this DeedDeed of Trust. Grantor represents and warrants that there are and at all times will be at least 415 parking spaces as part of the Security. Except for matters reflected in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the Security has used or is using Hazardous Materials (hereinafter defined) on, from or affecting the Security in any manner that violates the any Environmental Laws (as hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, nor have any Hazardous Materials migrated onto the Security; , and (iii) that Grantor will not permit or suffer any such violation of the Environmental LawsLaws (hereinafter defined). For purposes of this DeedDeed of Trust, "Hazardous Materials" shall mean and include those elements or compounds, including but not limited to asbestos, petroleum or petroleum byproducts, and polychlorinated biphenyls, which are (a) contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (the "EPA") or the list of toxic pollutants designated by Congress or the EPA, or (b) defined as hazardous, toxic, pollutant, infectious, flammable or radioactive by any other Federal, State, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, including, without limitation, the following terms Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., the Federal Hazardous Materials Transportation Act, the Federal Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq., the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Federal Clean Air Act, the Federal Water Pollution Control Act, the statutes contained in the Title 5 of the Texas Health & Safety Code, including but not limited to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE, Title 5, Subtitle B, § 361 et seq. (Vernon's 1991 Pamphlet), and the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE, Title 5, Subchapter C, § 382 et seq. (Vernon's 1991 Pamphlet); the Hazard Communications Act and related statutes contained in Title 6, Subtitle D of the Texas Health & Safety Code, TEX. HEALTH & SAFETY CODE, Title 6, Subtitle D, § 501 et seq.; Texas Water Quality Acts, TEX. WATER CODE AXX. Chapters 5, 26, and 30 (Vxxxxx 1988); and all regulations promulgated pursuant to these statutes, or by any agency or governmental board or entity having jurisdiction over the Security (collectively, the "Environmental Laws"). Grantor covenants that it will not permit or suffer any generation, treatment, storage or disposal of Hazardous Materials on the Security or permit any lien regarding environmental matters under any Texas or Federal law, rule, or regulation to attach to the Security or any portion thereof or any interest therein. Grantor represents and warrants that it has not received any notice from any governmental agency or any tenant of the Security with regard to such Hazardous Materials, and has received no notice that the environmental and ecological condition of the Security is in violation of any Environmental Law. Grantor represents and warrants, to the best of Grantor's knowledge, that the Security does not contain, and has not in the past contained, any asbestos containing material in friable form and there is no current or potential airborne contamination of the Security by asbestos fiber, including any potential contamination that would be caused by maintenance or tenant finish activities in the building(s). Grantor represents and warrants that it has not received any notice that the soil, surface water and ground water of or on the Security are not free from any spills of oil or other solid or liquid waste, toxic or hazardous substance or contaminant, and Grantor, after making reasonable inquiry, has no knowledge of any such spill. If any investigation, site monitoring, containment, clean-up, removal, restoration or other remedial work of any kind or nature (the "Remedial Work") is required under any applicable local, state or federal law or regulation, any judicial order issued by a court of competent jurisdiction, or by any governmental entity or person having apparent appropriate jurisdiction and authority to order same, because of, or in connection with, the current or future presence, suspected presence, release or suspected release of a Hazardous Material in or about the air, soil, ground water, surface water or soil vapor at, on, about, under or within the Security (or any portion thereof), Grantor shall have within thirty (30) days after written demand for performance thereof by Beneficiary (or such shorter period of time as may be required under any applicable law, regulation, order or agreement), commence and thereafter diligently prosecute to completion, all such Remedial Work. All Remedial Work shall be performed by contractors approved in advance by Beneficiary, and under the definition set forth:supervision of a consulting engineer approved by Beneficiary. All costs and expenses of such Remedial Work shall be paid by Grantor including, without limitation, Beneficiary's reasonable attorneys' fees, paralegal fees and costs incurred in connection with monitoring or review of such Remedial Work. In the event Grantor shall fail to timely prosecute to completion such Remedial Work, Beneficiary may, but shall not be required to, cause such Remedial work to be performed and all costs and expenses thereof, or incurred in connection therewith, shall be payable by Grantor upon demand. Grantor shall provide Beneficiary with prompt written notice (a) upon Grantor's becoming aware of any release or threat of release, in a concentration or quantity requiring notice or report thereof to any federal, state, county or city authorities or any agency thereof, regulating or having jurisdiction over same, of any Hazardous Materials upon, under or from the Security; (b) upon Grantor's receipt of any notice from any federal, state, municipal or other governmental agency or authority in connection with any Hazardous Materials located upon or under or emanating from the Security; and (c) upon Grantor's obtaining knowledge of any incurrence of expense by any governmental agency or authority in connection with the assessment, containment or removal of any Hazardous Materials located upon or under or emanating from the Security.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement (Hispanic Television Network Inc)
Repair; Alterations; Waste; Environmental. Grantor shall keep all of the Security in good and substantial repairrepair subject to normal wear and tear, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply in all material respects with all zoning laws (including, without limitation, preservation of any rights as to any non-conforming use), building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. ; provided that nothing herein shall preclude Grantor from contesting any matter in good faith through appropriate legal means diligently pursued so long as Grantor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Grantee's Beneficiary’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as it does not impair the value of the Security. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any building or other Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheldBeneficiary. Grantor shall comply with all terms the Americans with Disabilities Act of 1990, as amended, including, without limitation, any regulations, rulings and implement orders promulgated pursuant thereto in connection with any Work, any repair to the recommendations of that certain ADA Compliance Plan dated December 8, 1995 Security or any tenant improvements to be performed by Xxxxxx and Xxxxxxxxxx,Inc. Grantor. If Grantor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee Beneficiary or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor hereby waives any claim against Grantee Beneficiary and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor shall upon demand notice repay to Grantee Beneficiary and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedDeed of Trust. Grantor represents and warrants that there are and at all times will be currently at least 415 the number of paved and designated parking spaces as part (including adequate, properly-sized, delineated and assigned handicap parking spaces) available on of the SecurityReal Property as are shown on the survey delivered to Beneficiary. Except for matters reflected Grantor covenants and agrees that throughout the Term (as defined in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part Section 1 of the Security has used or is using Hazardous Materials (hereinafter definedNote) onit shall continue to make available, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of sufficient parking spaces on the SecurityReal Property to comply with all leases, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deedall applicable government regulations, the following terms shall have the definition set forth:Easement Agreements.
Appears in 1 contract
Samples: Trust and Security Agreement (Highland Hospitality Corp)
Repair; Alterations; Waste; Environmental. Grantor Mortgagors shall keep all of the Security in good and substantial repair, subject to the provisions of Section 9, to the extent applicable, and expressly agrees agree that it they will neither permit nor commit any waste upon the Security, nor do any act or suffer or permit any act to be done, done to diminish the value of the Security or whereby the lien and security title hereof may be impaired and impaired. Mortgagors shall comply in all material respects with all zoning laws, building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security, including but not limited to the Americans with Disabilities Act of 1990 ("ADA"). Grantor Mortgagors shall use all reasonable efforts to cause tenants of the Real Property to comply with their lease requirements regarding ADA. Without limiting the foregoing, Mortgagors shall comply in all material respects (within the time schedule set forth therein) with the ADA Compliance Plan, prepared by Mortgagors, dated January 2, 1996, previously submitted to and approved by Mortgagee. Mortgagors agree not to initiate or acquiesce in any zoning variance or reclassification, without Mortgagee's prior written consent. Mortgagors shall not construct any additional building or buildings or make any other material improvements on the Land nor alter, remove or demolish any building or other Improvements on the Land in any material respect, without the prior written consent of Mortgagee (which consent shall not be unreasonably withheld or delayed), except for (i) tenant improvement work in accordance with leases approved (or deemed approved) by Mortgagee or which Mortgagee is not required to approve pursuant to Section 22 of this Mortgage, and (ii) an expansion of the building located at 000 Xxxxxxx Xxxxxx of up to 30,000 square feet subject to satisfaction of the following: (a) there shall be in place throughout the construction period adequate insurance (including builder's "all risk" insurance) naming Mortgagee as an additional insured; (b) Mortgagors shall pay-off or bond or insure over all mechanics liens and materialmens liens within one-hundred eighty (180) days of any filing thereof; (c) at no time during the term of the Loan shall any subordinate financings or lien exist with respect to the Security except those included within the Permitted Encumbrances or approved by Mortgagee pursuant to the terms hereof; (d) Mortgagors shall pay all of the reasonable fees and costs of Mortgagee's representatives to inspect the expansion project no more than once per month; (e) the expansion of the building is for office use and conforms with the quality, appearance and design of the rest of the buildings in the Security; (f) Beacon Properties Corporation or another affiliate of Mortgagors is the construction manager for the expansion; and (g) Mortgagors shall provide evidence to Mortgagee, in form and substance reasonably acceptable to Mortgagee, that, following the expansion, the Wellesley II Parcel and the remainder of the Security affected by the expansion will comply with all applicable legal requirements, including, without limitation, zoning, permitting and other land use restrictions. Mortgagors shall at all times comply in all material respects with any restrictive covenants applicable to the Security. Mortgagors shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not , subject to initiate or acquiesce in any zoning variance or reclassification, without Grantee's prior written consent. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantor shall comply with all terms and implement the recommendations of that certain ADA Compliance Plan dated December 8, 1995 by Xxxxxx and Xxxxxxxxxx,Inc. If Grantor fails to observe any of the provisions of this SectionSection 9, to the extent applicable. If Mortgagors suffer or suffers or permits permit any Event of Default to exist under this SectionSection 14, Grantee or in the event of an emergency, Mortgagee, or a lawfully appointed receiver of the Security Security, following an Event of Default, at its option, Mortgagee's option and from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor each of the Mortgagors hereby waives (to the extent Mortgagors may lawfully do so) any claim against Grantee Mortgagee and/or such receiver, receiver arising out of such entry or out of any other act carried out pursuant to this Section, except for claims arising out of the gross negligence or willful misconduct of Mortgagee or such receiver. Grantor Mortgagors shall upon demand repay to Grantee Mortgagee and such receiver, with interest at the Default Rate, from the date of such demand, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedMortgage. Grantor represents Mortgagors represent and warrants warrant that there are and covenant that at all times (except in the event of repairs or restoration, where temporary limitations may occur) there will be located on the Real Property paved designated parking spaces for at least 415 1,889 cars, which number may be subject to reduction (but not below requirements of any leases with respect to the Security) in the event that legal requirements applicable to the Real Property necessitate a reduction in such parking capacity and by the actual number of parking spaces as part on any portion of the SecurityReal Property released pursuant to Section 45 of this Mortgage (subject, however, to complying with the requirements of subsections (ix) and (x) of said Section 45). Except for matters reflected Mortgagors represent and warrant with regard to their Respective Security that, except as disclosed to Mortgagee in the Environmental Site Assessment - Wood Lake Report (as defined and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (listed on Exhibit A to the Environmental Report"Indemnification Agreement, as defined in Section 15 hereof), Grantor represents and warrants (i) that Grantor has Mortgagors have not used and will not use and, to the best of Grantor's Mortgagors' knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the their Respective Security has used or is using Hazardous Materials (hereinafter defined) on, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of Grantor's Mortgagors' knowledge, except as set forth in the Environmental Report, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; their Respective Security in violation of Environmental Laws and (iii) that Grantor Mortgagors will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Beacon Properties Corp)
Repair; Alterations; Waste; Environmental. Grantor Mortgagor shall keep all of the Security in good and substantial repairrepair subject to normal wear and tear, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply in all material respects with all zoning laws (including, without limitation, preservation of any rights as to any non-conforming use), building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. Grantor ; provided that nothing herein shall preclude Mortgagor from contesting any matter in good faith through appropriate legal means diligently pursued so long as Mortgagor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor Mortgagor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Grantee's Mortgagee’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as it does not impair the value of the Security. Grantor Mortgagor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any building or other Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheldMortgagee. Grantor Mortgagor shall comply with all terms the Americans with Disabilities Act of 1990, as amended, including, without limitation, any regulations, rulings and implement orders promulgated pursuant thereto in connection with any Work, any repair to the recommendations of that certain ADA Compliance Plan dated December 8, 1995 Security or any tenant improvements to be performed by Xxxxxx and Xxxxxxxxxx,Inc. Mortgagor. If Grantor Mortgagor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee Mortgagee or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor Mortgagor hereby waives any claim against Grantee Mortgagee and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor Mortgagor shall upon demand notice repay to Grantee Mortgagee and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedMortgage. Grantor Mortgagor represents and warrants that there are and at all times will be currently at least 415 the number of paved and designated parking spaces as part (including adequate, properly-sized, delineated and assigned handicap parking spaces) available on of the SecurityReal Property as are shown on the survey delivered to Mortgagee. Except for matters reflected Mortgagor covenants and agrees that throughout the Term (as defined in Section 1 of the Environmental Site Assessment - Wood Lake and Wood Ridge ApartmentsNote) it shall continue to make available, prepared by ATC Environmentalsufficient parking spaces on the Real Property to comply with all leases, Inc.all applicable government regulations, Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use Easement Agreements and, to the best of Grantor's knowledgeextent applicable, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the Security has used or is using Hazardous Materials License Agreement (hereinafter defined) on, from or affecting the Security in any manner that violates the Environmental Laws (as hereinafter defined); (ii) that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Highland Hospitality Corp)
Repair; Alterations; Waste; Environmental. Grantor shall keep all of the Security in good and substantial repair, and expressly agrees that it will neither permit nor commit any waste upon the Security, Security nor do any other act or suffer or permit any act to be done, whereby the Security will become less valuable or the lien and security title hereof may be impaired and shall comply with all zoning laws, building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security. Grantor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not to initiate or acquiesce in any zoning variance or reclassification, without GranteeBeneficiary's prior written consent. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantor shall comply with all terms and implement the recommendations of that certain ADA Compliance Plan dated December 8, 1995 by Xxxxxx and Xxxxxxxxxx,Inc. If Grantor fails to observe any of the provisions of this Section, or suffers or permits any Event of Default to exist under this Section, Grantee Beneficiary or a lawfully appointed receiver of the Security at its option, from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor hereby waives any claim against Grantee Beneficiary and/or such receiver, arising out of such entry or out of any other act carried out pursuant to this Section. Grantor shall upon demand repay to Grantee Beneficiary and such receiver, with interest at the Default Rate, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedDeed of Trust. Grantor represents and warrants that there are and at all times will be at least 415 the greater of (a) .8 parking spaces per 100 square feet of net rentable area or (b) sufficient parking spaces to comply with applicable government regulations as part of the Security. Except for matters reflected in the Environmental Site Assessment - Wood Lake and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (the Environmental Report"), Grantor represents and warrants (i) that Grantor has not used and will not use and, to the best of Grantor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the Security has used or is using Hazardous Materials (hereinafter defined) on, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) , and that, to the best of Grantor's knowledge, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, nor have any Hazardous Materials migrated onto the Security; and (iii) that Grantor will not permit or suffer any such Security in either case, in violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Cornerstone Properties Inc)
Repair; Alterations; Waste; Environmental. Grantor Mortgagor shall keep all of the Security in good and substantial repair, subject to the provisions of Section 9, to the extent applicable, and expressly agrees that it will neither permit nor commit any waste upon the Security, nor do any act or suffer or permit any act to be done, done to diminish the value of the Security or whereby the lien and security title hereof may be impaired and impaired. Mortgagor shall comply in all material respects with all zoning laws, building codes, subdivision laws, environmental laws, and other laws, ordinances, rules and regulations made or promulgated by any government or municipality, or by any agency thereof or by any other lawful authority, which are now or may hereafter become applicable to the Security, including but not limited to the Americans with Disabilities Act of 1990 ("ADA"). Grantor Mortgagor shall use all reasonable efforts to cause tenants of the Real Property to comply with their lease requirements regarding ADA. Without limiting the foregoing, Mortgagor shall comply in all material respects (within the time schedule set forth therein) with the ADA Compliance Plan, prepared by Mortgagor, dated December 27, 1995, previously submitted to and approved by Mortgagee. Mortgagor agrees not to initiate or acquiesce in any zoning variance or reclassification, without Mortgagee's prior written consent. Mortgagor shall not construct any additional building or buildings or make any other material improvements on the Land nor alter, remove or demolish any building or other Improvements on the Land in any material respect, without the prior written consent of Mortgagee (which consent shall not be unreasonably withheld or delayed), except for tenant improvement work in accordance with leases approved (or deemed approved) by Mortgagee or which Mortgagee is not required to approve pursuant to Section 22 of this Mortgage. Mortgagor shall at all times comply in all material respects with any restrictive covenants applicable to the Security. Mortgagor shall repair or restore any building now or hereafter under construction on the Security and complete the same within a reasonable period of time. Grantor agrees not , subject to initiate or acquiesce in any zoning variance or reclassification, without Grantee's prior written consent. Grantor shall not construct any additional building or buildings or make any other improvements on the Land, nor alter, remove or demolish any Improvements on the Land, without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantor shall comply with all terms and implement the recommendations of that certain ADA Compliance Plan dated December 8, 1995 by Xxxxxx and Xxxxxxxxxx,Inc. If Grantor fails to observe any of the provisions of this SectionSection 9, or to the extent applicable. If Mortgagor suffers or permits any Event of Default to exist under this SectionSection 14, Grantee or in the event of an emergency, Mortgagee, or a lawfully appointed receiver of the Security Security, following an Event of Default, at its option, Mortgagee's option and from time to time, may perform, or cause to be performed, any and all repairs and such other work as it deems necessary to bring the Security into compliance with the provisions of this Section and may enter upon the Security for any of the foregoing purposes, and Grantor Mortgagor hereby waives (to the extent Mortgagor may lawfully do so) any claim against Grantee Mortgagee and/or such receiver, receiver arising out of such entry or out of any other act carried out pursuant to this Section, except for claims arising out of the gross negligence or willful misconduct of Mortgagee or such receiver. Grantor Mortgagor shall upon demand repay to Grantee Mortgagee and such receiver, with interest at the Default Rate, from the date of such demand, all amounts expended or incurred by them, respectively, in connection with any action taken pursuant to this Section, and such repayment shall be secured by the lien and security title of this DeedMortgage. Grantor Mortgagor represents and warrants that there are and covenants that at all times (except in the event of repairs or restoration, where temporary limitations may occur) there will be located on the Real Property capacity for the parking of at least 415 parking spaces 575 cars, which number may be subject to reduction (but not below lease requirements) in the event that legal requirements applicable to the Real Property necessitate a reduction in such capacity. Mortgagor represents and warrants that, except as part of the Security. Except for matters reflected disclosed to Mortgagee in the Environmental Site Assessment - Wood Lake Report (as defined and Wood Ridge Apartments, prepared by ATC Environmental, Inc., Project No. 70106-0004, dated October 19, 1995 (listed on Exhibit A to the Environmental Report"Indemnification Agreement, as defined in Section 15 hereof), Grantor represents and warrants (i) that Grantor Mortgagor has not used and will not use and, to the best of GrantorMortgagor's knowledge, no prior owner or current or prior tenant, subtenant, or other occupant of all or any part of the Security has used or is using Hazardous Materials (hereinafter defined) on, from or affecting the Security in any manner that violates the Environmental Laws (hereinafter defined); (ii) that, to the best of GrantorMortgagor's knowledge, except as set forth in the Environmental Report, no Hazardous Materials have been disposed of on the Security, intentionally or unintentionally, directly or indirectly, by any person whether related or unrelated to Grantor, nor, to the best of Grantor's knowledge, have any Hazardous Materials migrated onto the Security; Security in violation of Environmental Laws and (iii) that Grantor Mortgagor will not permit or suffer any such violation of the Environmental Laws. For purposes of this Deed, the following terms shall have the definition set forth:.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Beacon Properties Corp)
