Common use of Zoning and Title Matters Clause in Contracts

Zoning and Title Matters. Borrower shall not (and shall forbid Property Manager from doing the same), without Lender’s prior written consent, (i) initiate or support any zoning reclassification of its Individual Property or variance under existing zoning ordinances; (ii) modify or supplement any of the Permitted Encumbrances; (iii) impose any restrictive covenants or encumbrances upon its Individual Property; (iv) execute or file any subdivision plat affecting its Individual Property; (v) consent to the annexation of its Individual Property to any municipality; (vi) permit its Individual Property to be used by the public or any person in a way that might make a claim of adverse possession or any implied dedication or easement possible; (vii) cause or permit its Individual Property to become a non-conforming use under zoning ordinances or any present or future non-conforming use of its Individual Property to be discontinued; or (viii) fail to comply, in all material respects, with the terms of the Permitted Encumbrances.

Appears in 4 contracts

Samples: Loan Agreement (CNL Healthcare Properties, Inc.), Loan Agreement (CNL Healthcare Properties, Inc.), Loan Agreement (CNL Healthcare Properties, Inc.)

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Zoning and Title Matters. Borrower shall not (and shall forbid Property Manager from doing the same)not, without Lender’s 's prior written consent, (i) initiate or support any zoning reclassification of its Individual the Property or variance under existing zoning ordinances; (ii) modify or supplement any of the Permitted Encumbrances; (iii) impose any restrictive covenants or encumbrances upon its Individual the Property except for subordinate utility easements and rights-of-way that solely benefit the Property; (iv) execute or file any subdivision plat affecting its Individual the Property; (v) consent to the annexation of its Individual the Property to any municipality; (vi) permit its Individual the Property to be used by the public or any person in a way that might make a claim of adverse possession or any implied dedication or easement possible; (vii) cause or permit its Individual the Property to become a non-conforming use under zoning ordinances or any present or future non-conforming use of its Individual the Property to be discontinued; or (viii) fail to comply, in all material respects, comply with the material terms of the Permitted Encumbrances.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Cornerstone Realty Income Trust Inc), Mortgage and Security Agreement (Cornerstone Realty Income Trust Inc)

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