Common use of Status and Care of the Property Clause in Contracts

Status and Care of the Property. The Mortgagor represents and warrants that, except in any case as disclosed by the Mortgagor to the Mortgagee concurrently with the execution and delivery of this Mortgage in a writing making reference to this provision of this Mortgage, (i) the Property is served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utilities and utility facilities, which facilities have capacities which are sufficient to serve the current use and occupancy of the Property; (ii) the Property has legal access to all streets and roads necessary for and sufficient to serve the use and operation of the Property, including as appropriate access over properly granted, perpetual, private easements, rights of way or servitudes that are specifically included in the Mortgaged Property; (iii) the Permitted Encumbrances do not materially interfere with the use, enjoyment and operation of the Mortgaged Property; (iv) the Improvements located on the Land do not materially interfere with any of the Permitted Encumbrances; (v) the Improvements located on the Land do not materially encroach on any other land, and the improvements located on any other land do not materially encroach on the Land; (vi) the maintenance, use and operation of the Improvements on the Land do not depend on any other land or any improvements located on any other land, and the maintenance, use and operation of the improvements on any other land do not depend on the Land or the Improvements located on the Land except as provided for by easements benefitting and burdening the Land; (vii) other than as shown on the survey furnished to the Mortgagee, the Improvements are not located in an area designated as "flood prone" (as defined under the regulations adopted under the National Flood Insurance Program); and to the extent any of the Improvements are located (in whole or part) in an area designated as "flood prone," the Mortgagor shall maintain in full force and effect flood insurance under the National Flood Insurance Program as provided in Section 3.01; and (viii) upon request, shall promptly deliver to the Mortgagee (A) evidence reasonably satisfactory to the Mortgagee that the Mortgagor has complied with the provisions of this Section and (B) such other information and documents with respect to the matters referred to in this Section as the Mortgagee shall reasonably request.

Status and Care of the Property. The (a) Mortgagor represents and warrants that, except in any case as disclosed by the Mortgagor to the Mortgagee concurrently with the execution and delivery of this Mortgage in a writing making reference to this provision of this Mortgage, that (i) the Property is served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utilities and utility facilities, facilities which facilities have capacities which are sufficient to serve the current and anticipated future use and occupancy of the PropertyProperty as presently constructed; (ii) the Property has legal access to all public streets and or roads necessary for and sufficient to serve the current and anticipated future use and operation of the Property, including Property as appropriate access over properly granted, perpetual, private easements, rights of way or servitudes that are specifically included in the Mortgaged Propertypresently constructed; (iii) the Permitted Encumbrances do not materially interfere with the use, enjoyment and operation of the Mortgaged Property; (iv) the Improvements located on the Land do not materially interfere with any of the Permitted Encumbrances; (v) the Improvements located on the Land do not materially encroach on any other land, and the improvements located on any other land do not materially encroach on the Land; (vi) the maintenance, use and operation of the Improvements on the Land do not depend on any other land or any improvements located on any other land, and the maintenance, use and operation of the improvements on any other land do not depend on the Land or the Improvements located on the Land except as provided for by easements benefitting and burdening the Land; (vii) other than as shown on the survey furnished to the Mortgagee, extent that the Improvements are not Property is located in an area identified by the Secretary of Housing and Urban Development or a successor thereto as an area having special flood hazards or as an area designated as "flood prone" (as defined under the regulations adopted under or a "flood risk area" pursuant to the National Flood Insurance Program); Act of 1968 or the Flood Disaster Protection Act of 1973, and any amendments or supplements thereto or substitutions therefor, Mortgagor has purchased flood insurance to the extent any of the Improvements are located (in whole or part) in an area designated as "flood prone," the Mortgagor shall maintain in full force and effect flood insurance under the National Flood Insurance Program as provided in Section 3.01available; and (viiiiv) upon request, shall promptly deliver all activities and conditions on the Property are currently in compliance with all Legal Requirements. (b) Subject to the Mortgagee terms, conditions and provisions of the Loan Agreement, the Mortgagor (Ai) evidence reasonably satisfactory shall use and operate the Property, or cause the same to be used and operated, pursuant to the Mortgagee terms and provisions of a Franchise Agreement with Arby's, Inc., a true and correct copy of which has been previously delivered to Mortgagee, and Mortgagor shall continue to operate the Property as a Arby's restaurant and shall not permit or suffer any default to occur under said Franchise Agreement; (ii) agrees that all activities on the Mortgagor has complied Property shall at all times comply with all Legal Requirements; (iii) shall operate and maintain the Property, or cause the same to be operated and maintained, in good order, repair and condition except (subject to the provisions of this Section) for reasonable wear and tear; (iv) subject to the provisions of Section 3.02, shall promptly make, or cause to be made, all repairs, replacements, alterations, additions and improvements of and to the Property necessary or appropriate to keep the Property in good order, repair and condition; (v) shall not initiate or affirmatively support any change in the applicable zoning adversely affecting the Property, seek any variance (or any change in any variance), under the zoning adversely affecting the Property; and (Bvi) such other information shall, promptly after receiving notice or obtaining knowledge of any proposed or threatened change in the zoning affecting the Property which would result in the current use of the Property being a non-conforming use, notify Mortgagee thereof and documents with respect to diligently contest the matters referred to in this Section as the Mortgagee shall reasonably requestsame at Mortgagor's expense by any action or proceeding deemed appropriate by Mortgagor or requested by Mortgagee.

Status and Care of the Property. (a) The Mortgagor represents and warrants that, except in any case as disclosed by the Mortgagor to the Mortgagee concurrently with the execution and delivery of this Mortgage in a writing making reference to this provision of this Mortgage, that (i) the Property is served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utilities and utility facilities, which facilities have capacities which are sufficient to serve the current use and occupancy operation of the Property; (ii) the Property has legal access to all streets and or roads necessary for and sufficient to serve the current use and operation of the Property, including as appropriate access over properly granted, perpetual, private easements, rights of way or servitudes that are specifically included in the Mortgaged Property; and (iii) the Permitted Encumbrances do not materially interfere with the use, enjoyment and operation of the Mortgaged Property; (iv) the Improvements located on the Land do not materially interfere with any of the Permitted Encumbrances; (v) the Improvements located on the Land do not materially encroach on any other land, and the improvements located on any other land do not materially encroach on the Land; (vi) the maintenance, use and operation of the Improvements on the Land do not depend on any other land or any improvements located on any other land, and the maintenance, use and operation of the improvements on any other land do not depend on the Land or the Improvements located on the Land except as provided for by easements benefitting and burdening the Land; (vii) other than as shown on the survey furnished to the Mortgagee, the Improvements are not located in an area designated as "flood prone" Flood Zone A, (as defined under the regulations adopted under the National Flood Insurance Program); and , or to the extent any of the Improvements are located (in whole or part) in an area designated as "flood prone," Flood Zone A, the Mortgagor shall maintain maintains in full force and effect flood insurance under the National Flood Insurance Program as provided to the extent and in Section 3.01the amounts required by applicable law. (b) The Mortgagor (i) shall not (A) initiate, consent to or affirmatively support any change in the applicable zoning which would materially and adversely affect the value of the Lien created by this Mortgage, (B) seek any variance (or any change in any variance) under the zoning adversely affecting the value of the Lien created by this Mortgage, or (C) execute or file any subdivision or other plat or map adversely affecting the value of the Lien created by this Mortgage; and (viiiii) upon requestshall, shall promptly deliver to after receiving notice or obtaining knowledge of any proposed change in the zoning materially and adversely affecting the value of the Lien created by this Mortgage or which would result in the current use of the Property being a non-conforming use for which a variance has not been obtained, notify the Mortgagee (A) evidence thereof and diligently contest the same by any action or proceeding deemed appropriate by the Mortgagor in its reasonable judgment or reasonably satisfactory to requested by the Mortgagee provided, however, that the Mortgagor has complied with the provisions of this Section and (B) such other information and documents with respect shall not hereby be obligated to the matters referred to in this Section as the Mortgagee shall reasonably requestcommence or prosecute any legal action.