Common use of Zoning; Compliance With Laws Clause in Contracts

Zoning; Compliance With Laws. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of them, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledge, there are no illegal activities relating to controlled substances on any of the Properties. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that all or any part of the Improvements located on any Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.

Zoning; Compliance With Laws. To Except as set forth on SCHEDULE 4.6, to the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties Jekyll Island Property and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of themJekyll Island Property, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledge, there are no illegal activities relating to controlled substances on any of the PropertiesJekyll Island Property. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all All material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties Jekyll Island Property in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lenderdisclosed on Schedule 4.6, in the event that all or any part of the Improvements located on any the Jekyll Island Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any the Jekyll Island Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the SurveysSurvey, neither the zoning nor any other right to construct, use or operate any the Jekyll Island Property is in any way dependent upon or related to any real estate other than such the Jekyll Island Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Jekyll Island Borrowers with respect to any the Jekyll Island Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.

Zoning; Compliance With Laws. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of them, including without limitation the Americans with Disabilities Act. To the Borrowers' Borrower's Knowledge, there are no illegal activities relating to controlled substances on any of the Properties. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that all or any part of the Improvements located on any Property the Properties is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Borrower's Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any Propertythe Properties. To the Borrowers' Borrower's Knowledge, except as set forth in the Title Policies and/or the SurveysSurvey, each as defined in and delivered to the Mortgage Lender pursuant to the Mortgage Loan Agreement, neither the zoning nor any other right to construct, use or operate any Property the Properties is in any way dependent upon or related to any real estate other than such Propertythe Properties. No The Borrower will not permit any tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Mortgage Borrowers with respect to any Property the Properties without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.

Zoning; Compliance With Laws. To Except as set forth on SCHEDULE 4.6, to the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of them, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledgeknowledge, there are no illegal activities relating to controlled substances on any of the Properties. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all All material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lenderdisclosed on SCHEDULE 4.6, in the event that all or any part of the Improvements located on any Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.

Zoning; Compliance With Laws. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties The Towers and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the PropertiesTowers, or any of them, including without limitation the Americans with Disabilities Act. To , except to the Borrowers' Knowledge, there are no illegal activities relating extent the failure to controlled substances on comply with any of the Propertiesforegoing is not reasonably expected to have an Individual Property Material Adverse Effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material All permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties Towers given as Collateral under the Loan Documents in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, operated have been obtained and are current and in full force and effect, except to the extent the failure to comply with any of the foregoing is not reasonably expected to have an Individual Property Material Adverse Effect. To the Borrower's Knowledgeknowledge, (i) except as set forth in the Zoning Reports for the Properties delivered on Schedule 4.25 or as could reasonably be expected to Lender, in the event that all or any part of the Improvements located on any cause an Individual Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' KnowledgeMaterial Adverse Effect, no legal proceedings are pending or threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, Tower and (ii) except as set forth in the Title Policies and/or the SurveysPolicies, neither the zoning nor any other right to construct, use or operate any Tower Property is in any way dependent upon or related to any real estate other than such Tower Property. No tract mapAll transfer taxes, parcel mapdeed stamps, condominium planintangible taxes or other amounts in the nature of transfer taxes required to be paid under applicable Requirements of Law in connection with the transfer of each Owned Property or, condominium declarationto the extent applicable, Leased Property to the Borrower or its Subsidiaries have been paid or are being paid simultaneously with such transfer. All mortgage, mortgage recording, stamp, intangible or other similar tax required to be paid under applicable Requirements of Law in connection with the execution, delivery, recordation, filing, registration, perfection or enforcement of any of the Loan Documents, including, without limitation, the Mortgages, have been paid or are being paid therewith. All taxes and governmental assessments due and owing in respect of each Owned Property or, to the extent applicable, Leased Property have been paid, or plat an escrow of subdivision will be recorded funds in an amount sufficient to cover such payments has been established hereunder or are insured against by the Borrowers title insurance policy to be issued in connection with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditionedthe Mortgages.

Zoning; Compliance With Laws. To (A) Each Property is zoned for commercial use, which zoning designation is unconditional, in full force and effect, and is beyond all applicable appeal periods and permits the use of such Property as a Nursing Facility. Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties each Property and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable Legal Requirements except for any non-compliance which would not reasonably be expected to the Properties, or any of them, including without limitation the Americans with Disabilities Acthave a Property Adverse Effect. To the Borrowers' Knowledgeknowledge of Borrower, there are no illegal activities relating to controlled substances on any Property. All certificates of occupancy or the Properties. To the Borrower's Knowledgeequivalent and all other required Permits, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material permits, licenses and certificates for the lawful use, occupancy use and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained issued and are current and in full force and effecteffect except for those the non-possession of which would not reasonably be expected to have a Property Adverse Effect. To the Borrower's Knowledge, knowledge of Borrower except as set forth in the Zoning Reports for the Properties zoning reports delivered to LenderLender prior to the Closing Date, in the event that all or any part of the Improvements located on any Property is are destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permitspermits except for any conditions or limitations thereon which would not reasonably be expected to have a Property Adverse Effect. To the Borrowers' Knowledge, no No legal proceedings are pending or or, to the knowledge of Borrower, threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither Neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such PropertyProperty except pursuant to any rights of Borrower with respect to the use or occupancy of any Property under any easements, rights-of-way or similar agreements included in the Permitted Encumbrances. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers Borrower with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. (B) Borrower, Lessee and/or Affiliates of Lessee, as the case may be, are the lawful owner of all Permits necessary for the proper and lawful operation of the Properties as Nursing Facilities under applicable Legal Requirements by any Governmental Authority (collectively, "Regulatory Permits"), except for any ------------------ Regulatory Permits the non-possession of which would not reasonably be expected to have a Property Adverse Effect. All of such Regulatory Permits are held by Borrower, Lessee or its Affiliates free from restrictions or known conflicts and are not provisional, probationary or restricted in any material respect, except for any restrictions, conflicts or exceptions which would not reasonably be expected to have a Property Adverse Effect. To Borrower's knowledge, the number of licensed beds at each Property is set forth on Schedule 4.6

Zoning; Compliance With Laws. The Property is zoned for commercial use, which zoning designation is unconditional, in full force and effect, and is beyond all applicable appeal periods. To the knowledge of Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to LenderBorrower, the Properties Property and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of themProperty, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledgeknowledge of Borrower, there are no illegal activities relating to controlled substances on any the Property. All certificates of occupancy or the Properties. To equivalent, and, to the knowledge of Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material other required permits, licenses and certificates for the lawful use, occupancy use and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, Property have been obtained and are current and in full force and effect. To the knowledge of Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that all or any part of the Improvements located on any the Property is are destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no No legal proceedings are pending or or, to the knowledge of Borrower, threatened with respect to the zoning of any the Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither Neither the zoning nor any other right to construct, use or operate any the Property is in any way dependent upon or related to any real estate other than such the Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers Borrower with respect to any the Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.

Zoning; Compliance With Laws. To the Borrower's Knowledge, except Except as set forth in the Zoning Reports Report, (i) the zoning for the Properties delivered to Lender, the Properties and the use thereof comply each Individual Property is consistent in all material respects with its current use (or such use constitutes a legal nonconforming use), (ii) each Individual Property contains sufficient parking spaces to satisfy all requirements in all material respects imposed by applicable zoningLegal Requirements with respect to parking, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable (iii) no legal proceedings are pending or threatened in writing with respect to the Properties, or any compliance of them, including without limitation the Americans Property with Disabilities Actthe Legal Requirements. To Borrower’s knowledge, neither the Borrowers' Knowledgezoning compliance nor any other right to use or operate each Individual Property is in any way dependent upon or related to any real estate other than such Individual Property and validly created, there are no illegal activities relating to controlled substances on any of existing appurtenant perpetual easements insured in the Propertiesapplicable Title Policy. To the Borrower's Knowledge, except Except as set forth in the Zoning Reports for the Properties delivered Report, to LenderBorrower’s knowledge, all material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that if all or any part of the Improvements located on any each Individual Property is are destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances Legal Requirements applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' KnowledgeBorrower’s knowledge, no legal proceedings are pending or threatened in writing with respect to the zoning of any the Property. To the Borrowers' Knowledge, except Except as set forth in the Title Policies Zoning Report. each Individual Property and the intended use thereof comply in all material respects with all Legal Requirements, including all applicable zoning, subdivision, parking laws, applicable land use laws, regulations and ordinances, all applicable health, fire, building codes and all other laws, statutes, codes, ordinances, rules and regulations applicable to such Individual Property, including without limitation, the Americans with Disabilities Act. To Borrower’s knowledge, no portion of the Property has been by any Individual Borrower purchased, improved, equipped, fixtured or furnished with proceeds of any criminal or other illegal activity and to Borrower’s knowledge there are no illegal activities relating to controlled substances on any Individual Property. Except as set forth in the Zoning Report, all material permits, licenses and certificates for the construction, lawful use and operation of each Individual Property have been obtained or will be obtained as and when required by law, and those obtained as of the date hereof are current and in full force and effect, and to Borrower’s knowledge there is no default in any material respect thereunder by any party thereto and no event has occurred that, with the passage of time and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat giving of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditionednotice would constitute a default thereunder.

Zoning; Compliance With Laws. To the Borrower's Knowledge, except Except as set forth in the Zoning Reports Report, (i) the zoning for the Properties delivered to Lender, the Properties and the use thereof comply each Individual Property is consistent in all material respects with its current use (or such use constitutes a legal nonconforming use), (ii) each Individual Property contains sufficient parking spaces to satisfy all requirements in all material respects imposed by applicable zoningLegal Requirements with respect to parking, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable (iii) no legal proceedings are pending or threatened in writing with respect to the Properties, or any compliance of them, including without limitation the Americans Property with Disabilities Actthe Legal Requirements. To Borrower’s knowledge, neither the Borrowers' Knowledgezoning compliance nor any other right to use or operate each Individual Property is in any way dependent upon or related to any real estate other than such Individual Property and validly created, there are no illegal activities relating to controlled substances on any of existing appurtenant perpetual easements insured in the Propertiesapplicable Title Policy. To the Borrower's Knowledge, except Except as set forth in the Zoning Reports for the Properties delivered Report, to LenderBorrower’s knowledge, all material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that if all or any part of the Improvements located on any each Individual Property is are destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances Legal Requirements applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' KnowledgeBorrower’s knowledge, no legal proceedings are pending or threatened in writing with respect to the zoning of any the Property. To the Borrowers' Knowledge, except Except as set forth in the Title Policies Zoning Report, each Individual Property and the intended use thereof comply in all material respects with all Legal Requirements, including all applicable zoning, subdivision, parking laws, applicable land use laws, regulations and ordinances, all applicable health, fire, building codes and all other laws, statutes, codes, ordinances, rules and regulations applicable to such Individual Property, including without limitation, the Americans with Disabilities Act. To Borrower’s knowledge, no portion of the Property has been by Borrower or any Individual Mortgage Borrower purchased, improved, equipped, fixtured or furnished with proceeds of any criminal or other illegal activity and to Borrower’s knowledge there are no illegal activities relating to controlled substances on any Individual Property. Except as set forth in the Zoning Report, all material permits, licenses and certificates for the construction, lawful use and operation of each Individual Property have been obtained or will be obtained as and when required by law, and those obtained as of the date hereof are current and in full force and effect, and to Borrower’s knowledge there is no default in any material respect thereunder by any party thereto and no event has occurred that, with the passage of time and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat giving of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditionednotice would constitute a default thereunder.

Zoning; Compliance With Laws. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of them, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledge, there are no illegal activities relating to controlled substances on any of the Properties. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, in the event that all or any part of the Improvements located on any Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.................................................. 41 SECTION 4.7 LEASES; AGREEMENTS............................................................................ 41

Zoning; Compliance With Laws. To Except as set forth on SCHEDULE 4.6, to the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, the Properties and the use thereof comply in all material respects with all applicable zoning, subdivision and land use laws, regulations and ordinances, all applicable health, fire, building codes, parking laws and all other laws, statutes, codes, ordinances, rules and regulations applicable to the Properties, or any of them, including without limitation the Americans with Disabilities Act. To the Borrowers' Knowledgeknowledge, there are no illegal activities relating to controlled substances on any of the Properties. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lender, all All material permits, licenses and certificates for the lawful use, occupancy and operation of each component of each of the Properties in the manner in which it is currently being used, occupied and operated, including, but not limited to liquor licenses and certificates of occupancy, or the equivalent, have been obtained and are current and in full force and effect. To the Borrower's Knowledge, except as set forth in the Zoning Reports for the Properties delivered to Lenderdisclosed on SCHEDULE 4.6, in the event that all or any part of the Improvements located on any Property is destroyed or damaged, said Improvements can be legally reconstructed to their condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits. To the Borrowers' Knowledge, no legal proceedings are pending or threatened with respect to the zoning of any Property. To the Borrowers' Knowledge, except as set forth in the Title Policies and/or the Surveys, neither the zoning nor any other right to construct, use or operate any Property is in any way dependent upon or related to any real estate other than such Property. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by the Borrowers with respect to any Property without Lender's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.