Common use of Leases and Licenses Clause in Contracts

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Grantor shall submit to Grantee, for Grantee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor plans to use in leasing space in the Improvements. All Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor shall also submit to Grantee for Grantee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, within ten (10) days after a request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Grantor Mortgagor shall submit to GranteeMortgagee, for GranteeMortgagee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor Mortgagor plans to use in leasing space in the Improvements. All Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor Mortgagor shall also submit to Grantee Mortgagee for GranteeMortgagee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor Mortgagor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor Mortgagor shall furnish to GranteeMortgagee, within ten (10) days after a request by Grantee Mortgagee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor Mortgagor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeMortgagee, Grantor Mortgagor shall deliver to Grantee Mortgagee a copy of each such Lease. Grantor Mortgagor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold wihhold payment or rent and, excet except as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. GrantorMortgagor, at no cost or expense to GranteeMortgagee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor Mortgagor shall not, without the prior written consent of GranteeMortgagee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor Mortgagor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution Mortgagor covenants and agrees that it shall not entere into any lease affecting 6,000 square feet or more of the Property or having a term (including any Leases renewal or extension term) of space in more than 10 years without the Improvements after prior written approval of the date hereof, Grantor shall submit to Grantee, for Grantee's prior approvalMortgagee, which approval shall not be unreasonably withheld. The request for approval of each such proposed Mortgage, failure to approve or disapprove such proposed lease within ten (10) business days is deemed approval and Mortgagor shall furnish to Mortgagee (and any loan servicer specified from time to time by Mortgagee): (i) such biographical and financial information about the proposed tenant as Mortgagee may reasonably require in conjunction with its review, (ii) a copy of the form Lease Grantor plans proposed form: of lease, and (iii) a summary of the material terms of such proposed lease (including, without limitation, rental terms and the term of the proposed lease and any options). It is acknowledged that Mortgagee intends to use in leasing space in include among its criteria for approval of any such proposed lease the Improvements. All Leases of space in the Improvements following: (i) such lease shall be on terms consistent with the terms a bona-fide arm's-length tenant; (ii) such lease shall not contain any rental or other concessions which are not then customary and reasonable for similar properties and leases in the market area of the Real Estate, ; (iii) such lease shall provide that the tenant pays for free rent only if its expenses; (iv) the same is consistent with prevailing rental shall be at least at the market conditions and shall provide for market rents rate then prevailing for similar properties and leases in the market area areas of the Real Estate; and (v) such lease shall contain subordination and attornment provisions in form and content acceptable to Mortgagee. Grantor shall also submit Failure of Mortgagee to Grantee for Grantee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, approve or disapprove any such proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, lease within ten (10) business days after a receipt of such written request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing all the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied documents and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer information required to be done furnished to Mortgagee with such request shall be deemed approval, provided that the written request for approval specifically mentioned the same (any act that might result disapproval by Mortgagee shall contain the reasons, in a default by the landlordreasonable detail, lessor or licensor under any for such Lease or allow the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.disapproval)

Leases and Licenses. (a) Prior to execution of any Leases leases of space in the Improvements after the date hereof, Grantor Mortgagor shall submit to GranteeMortgagee, for GranteeMortgagee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor lease Mortgagor plans to use in leasing space in the Improvements. All Leases leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor Such leases shall also provide for security deposits in reasonable amounts. Mortgagor shall also submit to Grantee Mortgagee for GranteeMortgagee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease lease, license or occupancy agreement of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Leaselease. Grantor Mortgagor shall not execute any Lease lease, license or occupancy agreement for all or a substantial portion of the Property, except for an actual occupancy by the Tenant tenant, lessee or licensee thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases leases, licenses and occupancy agreements with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor Mortgagor shall furnish to GranteeMortgagee, within ten (10) days after a request by Grantee Mortgagee to do so, but in any event by January 1 of each year, a current Rent Roll rent roll certified by Grantor Mortgagor as being true and correct containing the names of all Tenants tenants, lessees and licensees with respect to the Property, the terms of their respective Leasesleases, licenses or occupancy agreements, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeMortgagee, Grantor Mortgagor shall deliver to Grantee Mortgagee a copy of each such Leaselease, license and occupancy agreement. Grantor Mortgagor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease lease, license or occupancy agreement or allow the Tenant tenant, lessee or licensee thereunder to withhold payment or rent and, excet except as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease lease, license or occupancy agreement or any such rents. GrantorMortgagor, at no cost or expense to GranteeMortgagee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leasesleases. Grantor Mortgagor shall not, without the prior written consent of GranteeMortgagee, modify any of the Leasesleases, terminate or accept the surrender of any Leasesleases, waive or release any other party from the performance or observance of any obligation or condition under such Leases leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor Mortgagor shall not permit the prepayment of any rents under any of the Leases leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution Grantor covenants and agrees that it shall not enter into any lease affecting 5,000 square feet or more of the Property or having a term (including any Leases renewal or extension term) of space in more than 10 years without the Improvements after the date hereof, Grantor shall submit to Grantee, for Grantee's prior approvalwritten approval of Beneficiary, which approval shall not be unreasonably withheld. The request for approval of each such proposed new lease shall be made to Beneficiary in writing and shall state that, pursuant to the terms of this Deed of Trust, failure to approve or disapprove such proposed lease within ten (10) business days is deemed approval and Grantor shall furnish to Beneficiary (and any loan servicer specified from time to time by Beneficiary): (i) such biographical and financial information about the proposed tenant as Beneficiary may require in conjunction with its review, (ii) a copy of the proposed form Lease Grantor plans of lease, and (iii) a summary of the material terms of such proposed lease (including, without limitation, rental terms and the term of the proposed lease and any options). It is acknowledged that Beneficiary intends to use in leasing space in include among its criteria for approval of any such proposed lease the Improvements. All Leases of space in the Improvements following: (i) such lease shall be on terms consistent with the terms a bona-fide arm’s length tenant; (ii) such lease shall not contain any rental or other concessions which are not then customary and reasonable for similar properties and leases in the market area of the Real Estate, Land; (iii) such lease shall provide that the tenant pays for free rent only if its expenses; (iv) the same is consistent with prevailing rental shall be at least at the market conditions and shall provide for market rents rate then prevailing for similar properties and leases in the market area areas of the Real EstateLand; and (v) such lease shall contain subordination and attornment provisions in form and content acceptable to Beneficiary. Grantor shall also submit Failure of Beneficiary to Grantee for Grantee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, approve or disapprove any such proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, lease within ten (10) business days after a receipt of such written request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing all the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied documents and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer information required to be done any act furnished to Beneficiary with such request shall be deemed approval, provided that might result in a default by the landlord, lessor or licensor under any such Lease or allow written request for approval specifically mentioned the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereofsame.

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Grantor shall submit to Grantee, for GranteeXxxxxxx's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor plans to use in leasing space in the Improvements. All Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor shall also submit to Grantee for GranteeXxxxxxx's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, within ten (10) days after a request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeXxxxxxx, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Grantor Mortgagor shall submit to Grantee, Mortgagee for Grantee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor plans to use in leasing space in the Improvements. All Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor shall also submit to Grantee for GranteeMortgagee's approval, which approval shall not may be unreasonably withheldwithheld in Mortgagee's sole and absolute discretion, prior to the execution thereof, any proposed Lease of the Improvements lease, license or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases agreement with respect to the Property, now Property or hereafter existing, any portion thereof. Mortgagee may condition its consent to any such lease on the part Mortgagor executing and delivering a collateral assignment of the landlord, lessor or licensor thereunder such lease in form and substance satisfactory to be kept and performedMortgagee. Grantor Mortgagor shall furnish to GranteeMortgagee, within ten (10) days after a request by Grantee Mortgagee to do so, but in any event by January 1 of each year, a current Rent Roll rent roll certified by Grantor Mortgagor as being true and correct containing the names of all Tenants tenants, lessees and licensees with respect to the Property, the terms of their respective Leasesleases, licenses or occupancy agreements, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeMortgagee, Grantor Mortgagor shall deliver to Grantee Mortgagee a copy of each such Leaselease, license and occupancy agreement. Grantor Mortgagor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease lease, license or occupancy agreement or allow the Tenant tenant, lessee or licensee thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 1.10 hereof, shall not further assign any such Lease lease, license or occupancy agreement or any such rents. GrantorMortgagor, at no cost or expense to GranteeMortgagee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leasesleases. Grantor Mortgagor shall not, without the prior written consent of GranteeMortgagee, modify any of the Leasesleases, terminate or accept the surrender of any Leasesleases, waive or release any other party from the performance or observance of any obligation or condition under such Leases leases except in the normal of course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor Mortgagor shall not permit the prepayment of any rents under any of the Leases leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements All leases entered into by Grantor after the date hereofhereof (excluding, Grantor shall submit to Granteehowever, any standard, commercially reasonable registration card for Grantee's prior approvalovernight guests and any standard, which approval shall not be unreasonably withheld, a copy commercially reasonable agreements for the use of the form Lease Grantor plans to use in leasing space banquet facilities or meeting rooms entered into in the Improvements. All Leases ordinary course of space in business), shall be written on the Improvements standard form lease (without any material changes) which Beneficiary has approved or shall approve prior to the use thereof and shall be on arm's length terms consistent with the terms for similar leases in the market area of the Real EstateLand or otherwise approved in writing by Beneficiary, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real EstateLand. Such leases shall also provide for Security Deposits in reasonable amounts. Grantor shall also submit to Grantee Beneficiary for GranteeBeneficiary's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease lease, license or occupancy agreement of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Leaselease. Grantor shall not execute any Lease lease, license or occupancy agreement for all or a substantial portion of the Property, except for an actual occupancy by the Tenant tenant, lessee or licensee thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases leases, licenses and occupancy agreements with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, within ten (10) days after a request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeBeneficiary, Grantor shall deliver to Grantee Beneficiary a copy of each such Leaselease, license and occupancy agreement. Grantor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease lease, license or occupancy agreement or allow the Tenant tenant, lessee or licensee thereunder to withhold payment or rent and, excet except as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.1.13

Leases and Licenses. The Borrower shall, and shall cause each ------------------- Subsidiary to, (a) Prior perform and carry out all of the provisions of all of the leases, licenses, permits and other occupancy agreements relating to execution real property or real property interests (the "Occupancy Agreements") to be performed -------------------- by the Borrower or any of its Subsidiaries, the nonperformance of which could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, (b) appear in and defend any action in which the validity of any Leases of space in the Improvements after the date hereof, Grantor shall submit to Grantee, for Grantee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor plans Occupancy Agreements relating to use in leasing space in any real property or real property interests is at issue and (c) commence and maintain any action or proceeding necessary to establish or maintain the Improvementsvalidity of any of such Occupancy Agreements or to enforce the provisions thereof. All Leases The Borrower shall provide to the Agent true, correct and complete copies of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area any information relating to any of the Real Estate, shall Occupancy Agreements as the Agent may reasonably request in writing. The Borrower agrees to provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor shall also submit to Grantee for Grantee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, (or cause to be performedprovided) to the Agent at any time, all upon written demand, any further or additional form of assignment, encumbrance or transfer documents as may be reasonably requested by the Agent and to deliver (or cause to be delivered) to the Agent executed copies of any such assignment, encumbrance or transfer documents. The Borrower shall immediately give notice to the Lenders of any default by it or any of its Subsidiaries or, to the knowledge of the covenantsBorrower, conditions and agreements contained in all Leases with respect by any other party to the Propertyan Occupancy Agreement, now which causes, or hereafter existingcould reasonably be expected to cause, on the part a Material Adverse Effect under any of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, within ten (10) days after a request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease Occupancy Agreements it or any such rentsof its Subsidiaries receives or delivers. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor The Borrower shall not, and shall not permit any of its Subsidiaries to, execute any new Occupancy Agreements without the prior written consent of Granteethe Agent, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor consent shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereofbe unreasonably withheld or delayed.

Leases and Licenses. (a) Prior to execution Grantor covenants and agrees that it shall not enter into any lease affecting 5,000 square feet or more of any Leases the Property or having a term of space in more than 10 years without the Improvements after the date hereof, Grantor shall submit to Grantee, for Grantee's prior approvalwritten approval of Beneficiary, which approval shall not be unreasonably withheld. The request for approval of each such proposed new lease shall be made to Beneficiary in writing and shall state that, pursuant to the terms of this Deed of Trust, failure to approve or disapprove such proposed lease within ten (10) business days is deemed approval and Grantor shall furnish to Beneficiary (and any loan servicer specified from time to time by Beneficiary): (i) such biographical and financial information about the proposed tenant as Beneficiary may require in conjunction with its review, (ii) a copy of the proposed form Lease Grantor plans of lease, and (iii) a summary of the material terms of such proposed lease (including, without limitation, rental terms and the term of the proposed lease and any options). It is acknowledged that Beneficiary intends to use in leasing space in include among its criteria for approval of any such proposed lease the Improvements. All Leases of space in the Improvements following: (1) such lease shall be on terms consistent with the terms a bona-fide arm's-length tenant; (2) such lease shall not contain any rental or other concessions which are not then customary and reasonable for similar properties and leases in the market area of the Real Estate, Land; (3) such lease shall provide that the tenant pays for free rent only if its expenses; (4) the same is consistent with prevailing rental shall be at least at the market conditions and shall provide for market rents rate then prevailing for similar properties and leases in the market area areas of the Real EstateLand; and (5) such lease shall contain subordination and attornment provisions in form and content acceptable to Beneficiary. Grantor shall also submit Failure of Beneficiary to Grantee for Grantee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, approve or disapprove any such proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, lease within ten (10) business days after a receipt of such written request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing all the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied documents and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor shall not do or suffer information required to be done any act furnished to Grantor with such request shall be deemed approval, provided that might result in a default by the landlord, lessor or licensor under any such Lease or allow written request for approval specifically mentioned the Tenant thereunder to withhold payment or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, shall not further assign any such Lease or any such rents. Grantor, at no cost or expense to Grantee, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases. Grantor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereofsame.

Leases and Licenses. (a) Prior to the date hereof, Trustor has submitted to Beneficiary for approval a copy of the form or forms of Lease Trustor uses in leasing space in the Improvements. After the date hereof, but prior to execution of any new Leases of space in the Improvements after the date hereofImprovements, Grantor Trustor shall submit to GranteeBeneficiary, for Grantee's Beneficiary’s prior approval, which approval shall not be unreasonably withheld, a copy of the any new form Lease Grantor Trustor plans to use in leasing space in the ImprovementsImprovements which differs materially from the form or forms of Lease previously submitted to Beneficiary for approval. All Leases and modifications of Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor Such Leases shall also provide for security deposits in reasonable amounts consistent with prevailing market conditions. Trustor shall also submit to Grantee Beneficiary for Grantee's Beneficiary’s approval, which approval shall not be unreasonably withheldwithheld or delayed, prior to the execution thereof, any proposed Lease of the Improvements Improvements, or any portion thereof thereof, or any modification of Lease, that differs materially and adversely from the aforementioned form Lease, including, without limitation, such Leases which fail to contain the provisions required under Section 1.8(b) hereof. Grantor Trustor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant lessee or licensee thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor shall furnish to Grantee, within ten (10) days after a request by Grantee to do so, but in any event by January 1 of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security deposit. Upon the request of GranteeBeneficiary, Grantor Trustor shall deliver to Grantee Beneficiary a copy of each such Lease. Grantor Promptly after its full execution, Trustor shall deliver a complete copy of every Lease and amendment of a Lease. Trustor shall not do or suffer to be done any act act, or omit to take any action, that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment of rent or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, cancel or terminate same and shall not further assign any such Lease Lease, Rents or any such rentsProfits. GrantorTrustor, at no cost or expense to GranteeBeneficiary, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such LeasesLeases and Trustor shall not anticipate, discount, release, waive, compromise or otherwise discharge any rent payable under any of the Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located and in such manner as is most consistent with maintaining or enhancing the value of the Property. Grantor Trustor shall not, without the prior written consent of GranteeBeneficiary, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is locatedlocated and in such manner as is most consistent with maintaining or enhancing the value of the Property. Grantor From the date hereof, Trustor shall not permit enter into any new lease which permits the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior Subject to Section 1.12(d) below, prior to execution of any Leases of space in the Improvements or otherwise at the Property after the date hereof, Grantor Mortgagor shall submit to GranteeMortgagee, for Grantee's Mortgagee’s prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor lease Mortgagor plans to use in leasing space in the Improvements. All Leases of space in the Improvements or otherwise at the Property shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor Such Leases shall also provide for security deposits in reasonable amounts consistent with prevailing market conditions. Mortgagor shall also submit to Grantee Mortgagee for Grantee's approval, Mortgagee’s approval (which approval shall not be unreasonably withheld, and shall be deemed approved after fifteen (15) business days, provided such request is made in the same manner as set forth in subparagraph (d) below), prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and adversely from the aforementioned form Lease. Grantor Mortgagor shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant lessee or licensee thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, in all material respects, all of the covenants, conditions and agreements contained in all Leases with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor Mortgagor shall promptly send to Mortgagee copies of all notices of default which Mortgagor shall send or receive under any Lease. Mortgagor shall furnish to GranteeMortgagee, upon request from time to time, a copy of each Lease and upon Mortgage’s request, Mortgagor shall use reasonable efforts to obtain an estoppel certificate from the tenant under each Lease (provided that Mortgagor shall not be required to deliver such certificates more frequently than twice in any calendar year). Mortgagor shall furnish to Mortgagee, within ten (10) days after a request by Grantee Mortgagee to do so, but in any event by January 1 no later than ten (10) days after the end of each yearcalendar quarter, a current Rent Roll certified by Grantor Xxxxxxxxx as being true and correct containing the names of all Tenants with respect to the PropertyTenants, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's Tenant’s security deposit. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor Mortgagor (i) shall not do or suffer to be done any act act, or omit to take any action, that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment of rent or rent and, excet as otherwise expressly permitted by the terms of Section 1.12 hereof, cancel or terminate same; (ii) shall not further assign any such Lease or any such rents. Grantor, at no cost the Rents or expense to Grantee, Profits; (iii) shall enforce, short of termination, the performance and observance of each and every material condition and covenant of each of the parties under such Leases; (iv) shall not anticipate, discount, release, waive, compromise or otherwise discharge any rent payable under any of the Leases; and (v) shall not consent to any assignment of or subletting under any Lease not in accordance with its terms, unless Mortgagor is not entitled to withhold its consent under the terms of such Lease. Grantor With respect to Leases not covered under subparagraph (d), below, Mortgagor shall not, without the prior written consent of GranteeMortgagee in each instance (which consent shall not be unreasonably withheld), modify any of the LeasesLeases (including, but not limited to, any guaranty, letter of credit or other credit support thereof) or terminate or accept the surrender of any Leases, or waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor Mortgagor shall not permit the prepayment of any rents under any of the Leases for more than one (1) month prior to the due date thereof.

Leases and Licenses. (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Grantor Mortgagor shall submit to Grantee, Mortgagee for Grantee's prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Grantor plans to use in leasing space in the Improvements. All Leases of space in the Improvements shall be on terms consistent with the terms for similar leases in the market area of the Real Estate, shall provide for free rent only if the same is consistent with prevailing market conditions and shall provide for market rents then prevailing in the market area of the Real Estate. Grantor shall also submit to Grantee for GranteeMortgagee's approval, which approval shall not be unreasonably withheld, prior to the execution thereof, any proposed Lease lease, license or occupancy agreement of the Improvements or any portion thereof that differs materially and adversely from Property. Except to the aforementioned form Lease. Grantor extent required by the New Jersey Casino Control Commission (the "Commission"), Mortgagor shall not execute execute, modify, amend, supplement, cancel, terminate or accept the surrender of any Lease lease, license or occupancy agreement for all or a substantial portion of the Property, except for an actual occupancy by Property without the Tenant thereunderprior written approval of Mortgagee, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all Leases leases, licenses and occupancy agreements with respect to the Property, now or hereafter existing, on the part of the landlord, lessor or licensor thereunder to be kept and performed. Grantor If Mortgagor shall furnish be required or have the right to Granteegrant or withhold its consent to any action of a tenant, within ten (10) days after a request by Grantee to do so, but in any event by January 1 licensee or occupant of each year, a current Rent Roll certified by Grantor as being true and correct containing the names of all Tenants with respect to the Property, Mortgagor shall not grant or withhold such consent or approval without the terms prior written approval of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each tenant's security depositMortgagee to so do. Upon the request of Grantee, Grantor shall deliver to Grantee a copy of each such Lease. Grantor Mortgagor shall not do or suffer to be done any act that might result in a default by the landlord, lessor or licensor under any such Lease lease, license or occupancy agreement or allow the Tenant tenant, lessee or licensee thereunder to withhold payment or rent and, excet except as otherwise expressly permitted by the terms of Section 1.12 1.13 hereof, shall not further assign any such Lease lease, license or occupancy agreement or any such rents. GrantorMortgagor, at no cost or expense to GranteeMortgagee, shall enforce, short of termination, the performance and observance of each and every material condition and covenant of each of the parties under such Leasesleases. Grantor Mortgagor shall not, without the prior written consent of Grantee, modify any of the Leases, terminate or accept the surrender of any LeasesMortgagee, waive or release any other party from the performance or observance of any obligation or condition under such Leases leases except in the normal of course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Grantor Mortgagor shall not permit the prepayment of any rents under any of the Leases leases for more than one (1) month prior to the due date thereof.