Common use of Maintenance and Use of Property Clause in Contracts

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted herein) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

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Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished materially altered (except for normal replacement of Personal Property) other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted herein) 5.21 without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Manufactured Home Communities Inc)

Maintenance and Use of Property. Each Borrower shall cause the related Individual Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed or demolished or other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the an Individual Property is or shall become a nonconforming use, the related Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with except as may be expressly permitted under the provisions existing leases without the consent of Section 5.21landlord thereunder, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinand alterations to the Parcel) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Maintenance and Use of Property. Borrower shall cause the each Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the any Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender, such consent not to be unreasonably withheld.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property Property) by, on behalf of or as otherwise permitted herein) with the consent of Borrower without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Gladstone Commercial Corp)

Maintenance and Use of Property. So long as Borrower owns the Property, Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Ashworth Inc)

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for tenant improvements required under a Lease and normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (American Assets Trust, Inc.)

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Maintenance and Use of Property. Borrower shall cause the Property Properties to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the any Individual Property is or shall become a legal nonconforming use, Borrower will not cause or permit the legal nonconforming use to be discontinued or the legal nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Maintenance and Use of Property. Borrower shall cause the related Individual Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed or demolished or other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the an Individual Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Extra Space Storage Inc.)

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished materially altered (except for normal replacement of Personal Property) other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted herein) 5.21 without the prior written consent of Lender. If under - 45 - applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Manufactured Home Communities Inc)

Maintenance and Use of Property. Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (FSP 50 South Tenth Street Corp)

Maintenance and Use of Property. Borrower shall cause Mortgage Borrower to maintain the Property to be maintained Properties in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed removed, demolished or demolished other than in accordance with the provisions of Section 5.21, materially altered (except for normal replacement of the Personal Property or as otherwise permitted hereinProperty) without the prior written consent of Lender. If under applicable zoning provisions the use of all or any portion of the any Individual Property is or shall become a legal nonconforming use, Borrower will cause Mortgage Borrower not to cause or permit the legal nonconforming use to be discontinued or the legal nonconforming Improvement to be abandoned without the express written consent of Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

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