Common use of Maintenance of Mortgaged Property Clause in Contracts

Maintenance of Mortgaged Property. Mortgagor shall cause the Mortgaged Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Mortgaged Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES"). Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures and the equipment located on the Land or the Improvements shall not be removed, demolished or materially altered (except for normal replacement of equipment) without the consent of Mortgagee which shall not unreasonably be withheld or delayed. Mortgagor shall comply with all laws, orders and ordinances affecting the Mortgaged Property, or the use thereof. Except to the extent that Mortgagee fails to turn over insurance proceeds, if any, received by Mortgagee pursuant to Sections 10 and 11 with respect to the Mortgaged Property to Mortgagor, Mortgagor shall promptly repair, replace or rebuild any part of the Mortgaged Property that, following the date hereof, becomes damaged, worn or dilapidated and Mortgagor shall complete and pay for any structure at any time in the process of construction or repair on the

Maintenance of Mortgaged Property. Mortgagor shall cause the Mortgaged --------------------------------- Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Mortgaged Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES")repair. Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures The Improvements and the equipment located on the Land or the Improvements Equipment shall not be removed, demolished or materially altered (except for normal replacement of equipmentthe Equipment) without the written consent of Mortgagee which shall not unreasonably be withheld or delayedMortgagee. Mortgagor shall promptly comply with all laws, orders and ordinances affecting the Mortgaged Property, or Property and the use thereof. Except to the extent that Mortgagee fails to turn over insurance proceeds, if any, received by Mortgagee pursuant to Sections 10 and 11 with respect to the Mortgaged Property to Mortgagor, Mortgagor shall promptly repair, replace or rebuild any part of the Mortgaged Property thatthat (i) is damaged or destroyed by any casualty (subject to the provisions of paragraph 3 hereof), following the date hereof, (ii) becomes damaged, worn or dilapidated dilapidated, or (iii) is affected by any proceeding of the character referred to in paragraph 6 hereof (subject to the provision of such paragraph 6) and Mortgagor shall complete and pay for any structure at any time in the process of construction construction, renovation or repair on thethe Land. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee.

Maintenance of Mortgaged Property. Mortgagor shall cause the Mortgaged Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Mortgaged Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES"). Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures and the equipment located on the Land or the Improvements shall not be removed, demolished or materially altered (except for normal replacement of equipment) without the consent of Mortgagee which shall not unreasonably be withheld or delayed. Mortgagor shall comply with all laws, orders and ordinances affecting the Mortgaged Property, or the use thereof. Except to the extent that Mortgagee fails to turn over insurance proceeds, if any, received by Mortgagee pursuant to Sections 10 and 11 with respect to the such Mortgaged Property to Mortgagor, Mortgagor shall promptly repair, replace or rebuild any part of the Mortgaged Property that, following the date hereof, becomes damaged, worn or dilapidated and Mortgagor shall complete and pay for any structure at any time in the process of construction or repair on the

Maintenance of Mortgaged Property. Mortgagor shall cause the Mortgaged --------------------------------- Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Mortgaged Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES")repair. Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures The Improvements and the equipment located on the Land or the Improvements Equipment shall not be removed, demolished or materially altered (except for normal replacement of equipmentthe Equipment) without the written consent of Mortgagee which shall not unreasonably be withheld or delayedMortgagee. Mortgagor shall promptly comply with all laws, orders and ordinances affecting the Mortgaged Property, or Property and the use thereof. Except to the extent that Mortgagee fails to turn over insurance proceeds, if any, received by Mortgagee pursuant to Sections 10 and 11 with respect to the Mortgaged Property to Mortgagor, Mortgagor shall promptly repair, replace or rebuild any part of the Mortgaged Property thatthat (i) is damaged or destroyed by any casualty (subject to the provisions of paragraph 4 hereof), following the date hereof, (ii) becomes damaged, worn or dilapidated dilapidated, or (iii) is affected by any proceeding of the character referred to in paragraph 7 hereof (subject to the provision of such paragraph 7) and Mortgagor shall complete and pay for any structure at any time in the process of construction construction, renovation or repair on thethe Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee.