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

Status and Care of the Property. (a) The Mortgagor represents and warrants that (i) the Property is served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utility facilities, which facilities have capabilities sufficient to serve the current use and operation of the Property; and (ii) the Property has legal access to all streets or roads necessary for 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. (b) The Mortgagor shall (i) not cause or permit the Property to be misused, wasted, disfigured, or to deteriorate (except, in the case of deterioration, ordinary wear and tear); (ii) use and operate the Property, or cause the same to be used and operated, for substantially the same uses and purposes as they are used and operated as of the date hereof; (iii) operate and maintain the Property, or cause the same to be operated and maintained, in good working order and condition, ordinary wear and tear excepted and casualty and condemnation excepted; (iv) subject to Unavoidable Delays and the terms of the Credit Agreement, promptly make, or cause to be made, all Restorations of and to the Property, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, which may be necessary or appropriate to keep the Property in good order, repair and condition in accordance with prudent industry practice; (v) not initiate or affirmatively support any change in the applicable zoning materially adversely affecting the Property, seek any variance (or any change in any variance) under the zoning materially adversely affecting the Property, execute or file any subdivision or other plat or map materially adversely affecting the Property or consent to any of the foregoing; and (vi) promptly after receiving notice or obtaining knowledge of any proposed change in the zoning adversely affecting the Property which would result in the current use of such Property being a non-conforming use, notify the Mortgagee thereof and, if requested by the Mortgagee, diligently contest the same by any action or proceeding deemed appropriate by the Mortgagor or requested by the Mortgagee.

Status and Care of the Property. (a) The Mortgagor represents and warrants that (i) the Property is served by all necessary water treatment and pollution control facilities and all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utility facilities, facilities which facilities have capabilities capacities which are generally sufficient to serve the current and anticipated future use and operation occupancy of the PropertyProperty as presently constructed; and (ii) the Property has legal access to all streets or roads necessary for the operation of the Property, which have been fully completed and properly dedicated, accepted or otherwise legally constructed as a public street or road (including, as appropriate, access over properly-granted, perpetual, private rights of way or easements) sufficient to serve the current and anticipated future use and operation of the PropertyProperty as presently constructed; and (iii) either the Property is not located in an area designated as "flood prone" (as defined under the regulations adopted under the National Flood Insurance Program or, including to the extent the Property is located (in whole or part) in an area designated as appropriate access over properly granted"flood prone", perpetualthe Mortgagor shall maintain in full force and effect flood insurance under the National Flood Insurance Program, private easements, rights of way or servitudes that are specifically included to the extent and in the Mortgaged Propertyamounts required by applicable law. (b) The Mortgagor shall (i) shall not cause or permit the Property to be misused, wasted, disfigured, disfigured or to deteriorate damaged in any material manner or (except, in subject to the case provisions of deteriorationthis Section, ordinary for reasonable wear and tear)) to deteriorate in any material manner; (ii) use and operate the Property, or cause the same to be used and operated, for substantially the same uses and purposes as they are used and operated as of the date hereof; (iii) shall operate and maintain the Property, or cause the same to be operated and maintained, in good working order order, repair and condition, ordinary wear and tear excepted and casualty and condemnation excepted; (iviii) subject to Unavoidable Delays and the terms of the Credit Agreement, shall promptly make, or cause to be made, all Restorations repairs, replacements, renewals, restorations, alterations, additions and improvements of and to the Property, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, which may be or necessary or appropriate to keep the Property in good order, repair and condition condition, all of which repairs, replacements, renewals and restorations shall be equal in accordance quality to or better than the Property as of the date hereof; (iv) shall do or cause others to do all shoring of the Property, including the foundations and walls thereof, and to take all other actions necessary or appropriate for the preservation and safety thereof by reason of or in connection with prudent industry practiceany excavation or other construction operation on the Property, whether or not the Mortgagor shall be required by any Legal Requirement to take such action or be liable for failure to do so; (v) shall not initiate or affirmatively support any change in the applicable zoning materially adversely affecting the Property, seek any variance (or any change in any variance) under the zoning materially adversely affecting the Property, execute or file any subdivision or other plat or map materially adversely affecting the Property or consent to any of the foregoing; and (vi) promptly after receiving notice or obtaining knowledge of any proposed change in the zoning adversely affecting the Property which would result in the current use of such Property being a non-conforming use, notify the Mortgagee thereof and, if requested by the Mortgagee, diligently contest the same by any action or proceeding deemed appropriate by the Mortgagor or requested by the Mortgagee.the

Status and Care of the Property. (a) The Mortgagor Grantor represents and warrants that (i) the Property is served by all necessary water treatment and pollution control facilities and all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utility facilities, facilities which facilities have capabilities capacities which are generally sufficient to serve the current and anticipated future use and operation occupancy of the PropertyProperty as presently constructed; and (ii) the Property has legal access to all streets or roads necessary for the operation of the Property, which have been fully completed and properly dedicated, accepted or otherwise legally constructed as a public street or road (including, as appropriate, access over properly-granted, perpetual, private rights of way or easements) sufficient to serve the current and anticipated future use and operation of the PropertyProperty as presently constructed; and (iii) either the Property is not located in an area designated as "flood prone" (as defined under the regulations adopted under the National Flood Insurance Program or, including to the extent the Property is located (in whole or part) in an area designated as appropriate access over properly granted"flood prone", perpetualthe Grantor shall maintain in full force and effect flood insurance under the National Flood Insurance Program, private easements, rights of way or servitudes that are specifically included to the extent and in the Mortgaged Propertyamounts required by applicable law. (b) The Mortgagor shall Grantor (i) shall not cause or permit the Property to be misused, wasted, disfigured, disfigured or to deteriorate damaged in any material manner or (except, in subject to the case provisions of deteriorationthis Section, ordinary for reasonable wear and tear)) to deteriorate in any material manner; (ii) use and operate the Property, or cause the same to be used and operated, for substantially the same uses and purposes as they are used and operated as of the date hereof; (iii) shall operate and maintain the Property, or cause the same to be operated and maintained, in good working order order, repair and condition, ordinary wear and tear excepted and casualty and condemnation excepted; (iviii) subject to Unavoidable Delays and the terms of the Credit Agreement, shall promptly make, or cause to be made, all Restorations repairs, replacements, renewals, restorations, alterations, additions and improvements of and to the Property, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, which may be or necessary or appropriate to keep the Property in good order, repair and condition in accordance with prudent industry practice; (v) not initiate or affirmatively support any change in the applicable zoning materially adversely affecting the Property, seek any variance (or any change in any variance) under the zoning materially adversely affecting the Property, execute or file any subdivision or other plat or map materially adversely affecting the Property or consent to any of the foregoing; and (vi) promptly after receiving notice or obtaining knowledge of any proposed change in the zoning adversely affecting the Property which would result in the current use of such Property being a non-conforming use, notify the Mortgagee thereof and, if requested by the Mortgagee, diligently contest the same by any action or proceeding deemed appropriate by the Mortgagor or requested by the Mortgagee.to

Status and Care of the Property. (a) The Mortgagor represents and warrants that (i) the Property is is, or upon completion of construction will be, served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utilities and utility facilities, which utility facilities have capabilities capacities which are sufficient to serve the current use and occupancy of the Property; (ii) the Property has legal access to all streets, roads or alleys adjacent to the Property (including, as appropriate, access over properly granted, perpetual, private right-of-way or easement agreements) sufficient to serve the current use and operation of the Property; and (iiiii) the Property has legal access Improvements are not located in an area designated as "flood prone" (as defined under the National Flood Insurance Regulations) or, to all streets the extent the Improvements or roads necessary for any portion thereof are located in an area designated as "flood prone", the use Mortgagor maintains in full force and operation of effect flood insurance under the Property, including as appropriate access over properly granted, perpetual, private easements, rights of way or servitudes that are specifically included National Flood Insurance Program to the extent and in the Mortgaged Propertyamounts required by Applicable Law. (b) The Mortgagor shall (i) shall not cause or permit the Property to be misused, wasted, disfigureddisfigured or damaged, or to deteriorate (except, in the case of deterioration, ordinary for reasonable wear and tear); (ii) shall use and operate the Property, or cause the same to be used and operated, for substantially the same uses and purposes purposes, as they are used and operated as upon completion of the date hereofconstruction of the Project and the achievement of Production Stabilization; (iii) shall operate and maintain the Property, or cause the same to be operated and maintained, in good working order order, repair and condition, ordinary condition except (subject to the provisions of this Section) for reasonable wear and tear excepted and casualty and condemnation exceptedtear; (iv) subject to Unavoidable Delays and the terms of the Credit Agreement, promptly make, or cause to be made, all Restorations of and to the Property, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, which may be necessary or appropriate to keep the Property in good order, repair and condition in accordance with prudent industry practice; (v) not initiate or affirmatively support any change in the applicable zoning materially adversely affecting the Property, seek any variance (or any change in any variance) under the zoning materially adversely affecting the Property, execute or file any subdivision or other plat or map materially adversely affecting the Property or consent to any of the foregoing; and (vi) promptly after receiving notice or obtaining knowledge of any proposed change in the zoning adversely affecting the Property which would result in the current use of such Property being a non-conforming use, notify the Mortgagee thereof and, if requested by the Mortgagee, diligently contest the same by any action or proceeding deemed appropriate by the Mortgagor or requested by the Mortgagee.provisions of