Common use of Zoning; Compliance With Laws Clause in Contracts

Zoning; Compliance With Laws. Each of the Individual Properties is zoned for residential apartment use, which zoning designation is unconditional, in full force and effect, and is beyond all applicable appeal periods. Each of the Individual Properties and the use thereof complies 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 such Individual Property, including the Americans with Disabilities Act. To the knowledge of each Borrower, there are no illegal activities relating to controlled substances on any of the Properties. All certificates of occupancy or the equivalent, and all other required permits, licenses and certificates for the lawful use and operation of each of the Properties have been obtained and are current and in full force and effect. In the event that all or any part of the Improvements located on any Individual Property 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. No legal proceedings are pending or, to the knowledge of any Borrower, threatened with respect to the zoning of any of the Properties. Neither the zoning nor any other right to construct, use or operate any Individual Property is in any way dependent upon or related to any real estate other than the applicable Individual Property itself. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by any Borrower with respect to any of the Properties without Lender’s prior written consent

Appears in 2 contracts

Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

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Zoning; Compliance With Laws. Each The Properties are zoned for use as student housing and residential facilities and all related uses consistent with the current use of the Individual Properties is zoned for residential apartment useProperties, which zoning designation is unconditional, in full force and effect, and is beyond all applicable appeal periods. Each of the Individual The Properties and the use thereof complies 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 such Individual Propertythe Properties, including without limitation the Americans with Disabilities Act. To the knowledge of each BorrowerBorrowers, there are no illegal activities relating to controlled substances on any of the Properties. All certificates of occupancy or the equivalent, and all other required permits, licenses and certificates for the lawful use and operation of each of the Properties have been obtained and are current and in full force and effect. In the event that all or any part of the Improvements located on any Individual Property of the Properties 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. No legal proceedings are pending or, to the knowledge of any BorrowerBorrowers, threatened with respect to the zoning of any of the Properties. Neither the zoning nor any other right to construct, use or operate any Individual Property the Properties is in any way dependent upon or related to any real estate other than the applicable Individual Property itselfProperties. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by any Borrower Borrowers with respect to any of the Properties without Lender’s 's prior written consent

Appears in 1 contract

Samples: Loan and Security Agreement (Education Realty Trust, Inc.)

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Zoning; Compliance With Laws. Each of the Individual Properties Property is zoned for residential apartment office use, which zoning designation is unconditional, in full force and effect, and is beyond all applicable appeal periods. Each of the Individual Properties The Property and the use thereof complies 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 such Individual the Property, including without limitation the Americans with Disabilities Act. To the knowledge of each Borrower, there are no illegal activities relating to controlled substances on any of the PropertiesProperty. All certificates of occupancy or the equivalent, and all other required permits, licenses and certificates for the lawful use and operation of each of the Properties Property have been obtained and are current and in full force and effect. In the event that all or any part of the Improvements located on any Individual the Property 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. No legal proceedings are pending or, to the knowledge of any Borrower, threatened with respect to the zoning of any of the PropertiesProperty. Neither the zoning nor any other right to construct, use or operate any Individual the Property is in any way dependent upon or related to any real estate other than the applicable Individual Property itselfProperty. No tract map, parcel map, condominium plan, condominium declaration, or plat of subdivision will be recorded by any Borrower with respect to any of the Properties Property without Lender’s prior written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Investors Real Estate Trust)

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