Common use of Use of Mortgaged Property Clause in Contracts

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender, Borrower will not take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior written consent of Funding Lender, Borrower will not, and will not permit any operator of the Facility to, take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viiib) ConvertNotwithstanding anything contained in this Section to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative. (c) Without the prior written consent of Lender, which may be granted or withheld in whole Lender’s discretion, Borrower will not, and will not permit any operator of the Facility to, provide or in partcontract for skilled nursing care, assisted living care, Alzheimer’s care, memory care or dementia care for any non-residential income producing units of the residents other than that level of care which both (i) is consistent with the Intended Use and (ii) is permissible for Borrower or the operator of the Facility to non-income producing unitsprovide at the Facility under (A) applicable Healthcare Laws, and (B) applicable Licenses.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender and, if requested by Funding Lender, delivery of a No Adverse Effect Opinion addressed to Funding Lender and Fiscal Agent, Borrower will not take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant AgreementEffective Date. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held held, or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units. (b) through (d) reserved.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior written consent of Funding Lender, Borrower will not, and will not permit any Facility Operator to, take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viiib) ConvertWithout the prior written consent of Lender, which may be granted or withheld in whole Lender’s discretion, Borrower will not, and will not permit any Facility Operator to, provide or contract for skilled nursing care, assisted living care, Alzheimer’s care, memory care or dementia care for any of the residents other than that level of care which both (i) is consistent with the Intended Use and (ii) is permissible for Borrower or the Facility Operator to provide at the Facility under (A) applicable Healthcare Laws, and (B) applicable Licenses. (c) Notwithstanding anything contained in partthis Section to the contrary, any non-residential income producing units if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to non-income producing unitsBorrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender, Borrower will not, and will not permit any Facility Operator to, take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units. (b) Without the prior written consent of Lender, which may be granted or withheld in Lender’s discretion, Borrower will not, and will not permit any Facility Operator to, provide or contract for skilled nursing care, assisted living care, Alzheimer’s care, memory care or dementia care for any of the residents other than that level of care which both (i) is consistent with the Intended Use and (ii) is permissible for Borrower or the Facility Operator to provide at the Facility under (A) applicable Healthcare Laws, and (B) applicable Licenses. (c) Notwithstanding anything contained in this Section 6.03 to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding LenderXxxxxx, Borrower will not take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units Residential Units on the Mortgaged Property (if any), Home Sites or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant AgreementEffective Date. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units spaces at the Mortgaged Property to non-income producing unitsspaces. (ix) Permit any recreational vehicles or RV Homes to be located on any Home Sites or in any other location in the MH Community, except for (A) the RV Sites, and (B) designated parking lots or storage areas as shown on the survey. (b) Reserved (c) Notwithstanding anything contained in this Section 6.03 to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender, Borrower will not take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units Residential Units on the Mortgaged Property (if any), Home Sites or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units spaces at the Mortgaged Property to non-income producing unitsspaces. (ix) Permit any recreational vehicles or RV Homes to be located on any Home Sites or in any other location in the MH Community, except for (A) the RV Sites, and (B) designated parking lots or storage areas as shown on the survey. (b) Reserved. (c) Notwithstanding anything contained in this Section 6.03 to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior written consent of Funding Lender, Borrower will not, and will not permit any Facility Operator to, take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed.. Multifamily Loan and Security Agreement – Seniors Housing Page 17 (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units. (b) Without the prior written consent of Lender, which may be granted or withheld in Lender’s discretion, Borrower will not, and will not permit any Facility Operator to, provide or contract for skilled nursing care, assisted living care, Alzheimer’s care, memory care or dementia care for any of the residents other than that level of care which both (i) is consistent with the Intended Use and (ii) is permissible for Borrower or the Facility Operator to provide at the Facility under (A) applicable Healthcare Laws, and (B) applicable Licenses. (c) Notwithstanding anything contained in this Section to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable lawMortgagor will maintain, without the prior consent preserve and renew from time to time such rights of Funding Lenderway, Borrower will not take any of the following actions: (i) Allow changes in easements, grants, privileges, licenses and franchises as are necessary for the use for which all or any part and operation of the Mortgaged Property is being used at for Permitted Purposes (as hereafter defined), and will not use or operate, or permit the time this Continuing Covenant Agreement is executed. use or operation of, the Mortgaged Property for any other purpose without the consent of the Mortgagee, subject to the provisions of Section 7.18, or initiate, join in or consent to any new private restrictive covenant (iiapart from any Permitted Exception) Convert any individual dwelling units easement or common areas other public or private restrictions to commercial use. (iii) Initiate a change the use of the Mortgaged Property, without the consent in each instance of Mortgagee, subject to the provisions of Section 7.18, and except for the contemplated development activities as set forth in the Second Loan Agreement. Mortgagor shall, moreover, comply in all material respects with all lawful and restrictive covenants which may at any time affect the Mortgaged Property and with zoning classification of ordinances and other private or public restrictions as to the use thereof. Mortgagor will not cause or maintain any nuisance in, at or on the Mortgaged Property. Mortgagor will pay or cause to be paid all charges for all public and private utility services, all public or private rail and highway services (if any), all public or private communications services and all sprinkler systems and protective services at any time rendered to or in connection with the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Agreement. (v) Combine all or any part of the Mortgaged Property thereof, will comply in all material respects or use reasonable efforts to cause compliance with all or contracts relating to any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Agreement that Funding Lender may requireservices, and will do all other things required for the maintenance and continuance of all such services. However, Mortgagor will not be required to pay or cause to be paid such charges if incurred by third parties (Csuch as tenants) authorizes unless the filing of any financing statement which may be filed in connection with this Continuing Covenant Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units failure to non-income producing units.pay such charges would

Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender, Borrower will not, and will not permit any Facility Operator to, take any of the following actions: (i) Allow changes in the use for which all or any part of the Mortgaged Property is being used at the time this Continuing Covenant Loan Agreement is executed. (ii) Convert any individual dwelling units or common areas to commercial use. (iii) Initiate a change in the zoning classification of the Mortgaged Property or acquiesce to a change in the zoning classification of the Mortgaged Property. (iv) Establish any condominium or cooperative regime with respect to the Mortgaged Property beyond any which may be in existence on the date of this Continuing Covenant Loan Agreement. (v) Combine all or any part of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged Property. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Loan Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Loan Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units. (b) Without the prior written consent of Lender, which may be granted or withheld in Lender’s discretion, Borrower will not, and will not permit any Facility Operator to, provide or contract for skilled nursing care, assisted living care, Alzheimer’s care, memory care or dementia care for any of the residents other than that level of care which both (i) is consistent with the Intended Use and (ii) is permissible for Borrower or the Facility Operator to provide at the Facility under (A) applicable Healthcare Laws, and (B) applicable Facility Licenses. (c) Notwithstanding anything contained in this Section 6.03 to the contrary, if Borrower is a housing cooperative corporation or association, Lender acknowledges and consents to Borrower’s use of the Mortgaged Property as a housing cooperative.

Use of Mortgaged Property. (a) Unless required by applicable lawMortgagor will maintain, without the prior consent preserve and renew from time to time such rights of Funding Lenderway, Borrower will not take any of the following actions: (i) Allow changes in easements, grants, privileges, licenses and franchises as are necessary for the use for which all or any part and operation of the Mortgaged Property is being used at for Permitted Purposes (as hereafter defined), and will not use or operate, or permit the time this Continuing Covenant Agreement is executed. use or operation of, the Mortgaged Property for any other purpose without the consent of the Mortgagee, subject to the provisions of Section 7.18, or initiate, join in or consent to any new private restrictive covenant (iiapart from any Permitted Exception) Convert any individual dwelling units easement or common areas other public or private restrictions to commercial use. (iii) Initiate a change the use of the Mortgaged Property, without the consent in each instance of Mortgagee, subject to the provisions of Section 7.18, and except for the contemplated development activities as set forth in the Loan Agreement. Mortgagor shall, moreover, comply in all material respects with all lawful and restrictive covenants which may at any time affect the Mortgaged Property and with zoning classification of ordinances and other private or public restrictions as to the use thereof. Mortgagor will not cause or maintain any nuisance in, at or on the Mortgaged Property. Mortgagor will pay or cause to be paid all charges for all public and private utility services, all public or private rail and highway services (if any), all public or private communications services and all sprinkler systems and protective services at any time rendered to or in connection with the Mortgaged Property or acquiesce any part thereof, will comply in all material respects or use reasonable efforts to cause compliance with all contracts relating to any such services, and will do all other things required for the maintenance and continuance of all such services. However, Mortgagor will not be required to pay or cause to be paid such charges if incurred by third parties (such as tenants) unless the failure to pay such charges would result in a change in the zoning classification of lien on the Mortgaged Property. (iv) Establish . "Permitted Purposes" means general office use, research and development and laboratory use, uses permitted by the Tenant Lease and any condominium or cooperative regime other Lease specifically approved by Lender, parking and storage relating to the foregoing, and other incidental uses related to the foregoing uses; provided, however, that the foregoing shall be limited to uses which are in compliance with all applicable laws, regulations, governmental permits and/or approvals and the provisions of any insurance policies maintained with respect to the Mortgaged Property beyond Property; and provided further that "Permitted Purposes" shall mean any which may be in existence on the date of this Continuing Covenant Agreement. (v) Combine all or any part lawful use subsequent to a termination of the Mortgaged Property with all or any part of a tax parcel which is not part of the Mortgaged PropertyTenant Lease. (vi) Subdivide or otherwise split any tax parcel constituting all or any part of the Mortgaged Property. (vii) Add to or change any location at which any of the Mortgaged Property is stored, held or located unless Borrower (A) gives Notice to Funding Lender within 30 days after the occurrence of such addition or change, (B) executes and delivers to Funding Lender any modifications of or supplements to this Continuing Covenant Agreement that Funding Lender may require, and (C) authorizes the filing of any financing statement which may be filed in connection with this Continuing Covenant Agreement, as Funding Lender may require. (viii) Convert, in whole or in part, any non-residential income producing units to non-income producing units.