Common use of Maintenance, Repair and Restoration Clause in Contracts

Maintenance, Repair and Restoration. Borrower will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower will not, without the prior written consent of Lender, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered by this Security Instrument except such as is replaced by Borrower by an article of equal suitability and value, owned by Borrower, free and clear of any lien or security interest (except that created by this Security Instrument), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower shall give prompt notice thereof to Lender and Borrower shall promptly, at Borrower's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 2 contracts

Samples: Wells Real Estate Investment Trust Inc, Wells Real Estate Investment Trust Inc

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Maintenance, Repair and Restoration. Borrower Mortgagor will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Mortgagor will not, without the prior written consent of LenderHolder, which consent shall not be unreasonably withheld (i1) remove from the Property any fixtures or personal property conveyed or encumbered by this Security Instrument Mortgage except such as is replaced by Borrower Mortgagor by an article of equal suitability and value, owned by BorrowerXxxxxxxxx, free and clear of any lien or security interest (except that created by this Security InstrumentMortgage), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Mortgagor shall give prompt notice thereof to Lender Holder and Borrower Mortgagor shall promptly, at BorrowerMortgagor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: FelCor Lodging Trust Inc

Maintenance, Repair and Restoration. Borrower Mortgagor will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Mortgagor will not, without the prior written consent of LenderMortgagee, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered covered by this Security Instrument Mortgage except such as is replaced by Borrower Mortgagor by an article of equal suitability and value, owned by BorrowerMortgagor, free and clear of any lien or security interest (except that created by this Security InstrumentMortgage), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Mortgagor shall give prompt notice thereof to Lender Mortgagee and Borrower Mortgagor shall promptly, at BorrowerMortgagor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: , and Security Agreement (Acadia Realty Trust)

Maintenance, Repair and Restoration. Borrower Grantor will keep the Property in first class good order, repair, operating condition and appearanceappearance in accordance with industry standards for similar affordable residential projects, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Grantor will not, without the prior written consent of LenderXxxxxx, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered covered by this Security Instrument County Deed of Trust except such as is replaced by Borrower Grantor by an article of equal suitability and value, owned by BorrowerGrantor, free and clear of any lien or security interest (except that created by this Security InstrumentCounty Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Grantor shall give prompt notice thereof to Lender Holder and Borrower Grantor shall promptly, at BorrowerGrantor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: After Recording

Maintenance, Repair and Restoration. Borrower Grantor will keep the Property in first class good order, repair, operating condition and appearanceappearance in accordance with industry standards for similar affordable residential projects, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Grantor will not, without the prior written consent of LenderHolder, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered covered by this Security Instrument County Deed of Trust except such as is replaced by Borrower Grantor by an article of equal suitability and value, owned by BorrowerGrantor, free and clear of any lien or security interest (except that created by this Security InstrumentCounty Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Grantor shall give prompt notice thereof to Lender Holder and Borrower Grantor shall promptly, at BorrowerGrantor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: Loan Agreement

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Maintenance, Repair and Restoration. Borrower Grantor will keep the Property in first class good order, repair, operating condition and appearanceappearance in accordance with industry standards for similar affordable residential projects, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Grantor will not, without the prior written consent of LenderHolder, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered covered by this Security Instrument CDBG Deed of Trust except such as is replaced by Borrower Grantor by an article of equal suitability and value, owned by BorrowerGrantor, free and clear of any lien or security interest (except that created by this Security InstrumentCDBG Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Grantor shall give prompt notice thereof to Lender Holder and Borrower Grantor shall promptly, at BorrowerGrantor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: Loan Agreement

Maintenance, Repair and Restoration. Borrower Grantor will keep the Property in first class good order, repair, operating condition and appearanceappearance in accordance with industry standards for similar affordable residential projects, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower Grantor will not, without the prior written consent of LenderHolder, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered covered by this Security Instrument Amended and Restated Deed of Trust except such as is replaced by Borrower Grantor by an article of equal suitability and value, owned by BorrowerGrantor, free and clear of any lien or security interest (except that created by this Security InstrumentAmended and Restated Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower Grantor shall give prompt notice thereof to Lender Holder and Borrower Grantor shall promptly, at BorrowerGrantor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.

Appears in 1 contract

Samples: Fund Loan Agreement

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