Use of Mortgaged Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee, which consent shall not be unreasonably withheld. Mortgagor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation of the Environmental Laws.
Appears in 11 contracts
Samples: Mortgage (Lightstone Value Plus Real Estate Investment Trust, Inc.), Mortgage (Lightstone Value Plus Real Estate Investment Trust, Inc.), Mortgage (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Use of Mortgaged Property. Mortgagor Trustor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor Trustor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor Trustor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of MortgageeBeneficiary, which consent shall not be unreasonably withheld. Mortgagor Trustor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor Trustor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation of the Environmental Laws.
Appears in 5 contracts
Samples: Deed of Trust (HRPT Properties Trust), Deed of Trust (HRPT Properties Trust), Deed of Trust (HRPT Properties Trust)
Use of Mortgaged Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee, which consent shall not be unreasonably withheld. Mortgagor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation without the written consent of the Environmental LawsMortgagee.
Appears in 3 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Second Mortgage and Security Agreement (Janus American Group Inc), Mortgage and Security Agreement (Janus American Group Inc)
Use of Mortgaged Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any material change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee, which consent shall not be unreasonably withheld. Mortgagor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation without the written consent of the Environmental LawsMortgagee.
Appears in 3 contracts
Samples: Deed of Trust (Concord Milestone Plus L P), Mortgage, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Concord Milestone Plus L P), Mortgage, Deed of Trust and Security Agreement (Concord Milestone Plus L P)
Use of Mortgaged Property. Mortgagor Trustor shall not initiate, join in, ------------------------- acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor Trustor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any material portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor Trustor will not cause or permit such nonconforming use to be discontinued or abandoned without abandoned, and will use reasonable efforts to enforce any rights Trustor has under the Master Lease not to permit Lessee to discontinue or abandon any such nonconforming use, in each case, except with the express written consent of MortgageeBeneficiary, which consent shall not be unreasonably withheld, delayed or conditioned. Mortgagor Trustor shall not permit or suffer to occur cause any waste on or to the Mortgaged Property or to any portion thereof and will use reasonable efforts to prevent Lessee from causing or suffering to occur any such waste. Trustor shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor Trustor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation of the Environmental Laws and will use reasonable efforts to enforce any rights Trustor has under the Master Lease to prevent Lessee from installing or permitting to be installed on the Premises any underground storage tank or any above-ground storage tank in violation of the Environmental Laws.
Appears in 1 contract
Samples: Deed of Trust (Ventas Inc)
Use of Mortgaged Property. Mortgagor shall not initiate, join in, -------------------------- acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any material portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without abandoned, and will use reasonable efforts to enforce any rights Mortgagor has under the Master Lease not to permit Lessee to discontinue or abandon any such nonconforming use, in each case, except with the express written consent of Mortgagee, which consent shall not be unreasonably withheld, delayed or conditioned. Mortgagor shall not permit or suffer to occur cause any waste on or to the Mortgaged Property or to any portion thereof and will use reasonable efforts to prevent Lessee from causing or suffering to occur any such waste. Mortgagor shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation of the Environmental Laws and will use reasonable efforts to enforce any rights Mortgagor has under the Master Lease to prevent Lessee from installing or permitting to be installed on the Premises any underground storage tank or any above-ground storage tank in violation of the Environmental Laws.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ventas Inc)
Use of Mortgaged Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee, which consent shall not be unreasonably withheld. Mortgagor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation without the written consent of the Environmental LawsMortgagee.
Appears in 1 contract