Common use of Operation of Mortgaged Property Clause in Contracts

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that violates any Governmental Requirement in any material respect or that constitutes a public or private nuisance or that makes void, voidable or cancelable, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheld. With the exception of the Permitted Encumbrances, Grantor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property without the prior written consent of the Beneficiary. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereof. Grantor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor Mortgagor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor Mortgagor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor Mortgagor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that violates any Governmental Requirement in any material respect or that constitutes a public or private nuisance or that makes void, voidable or cancelable, any insurance then in force with respect thereto. Grantor Mortgagor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the BeneficiaryMortgagee, which consent shall not be unreasonably withheld. With the exception of the Permitted Encumbrances, Grantor Mortgagor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property without the prior written consent of the BeneficiaryMortgagee. Grantor Mortgagor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the BeneficiaryMortgagee, there shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereof. Grantor Mortgagor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects Applicable Laws and will pay all fees or charges of any kind in connection therewiththerewith (subject to Grantor's right to contest fees, charges, liens and/or taxes set forth herein, or under the Loan Agreement). Grantor will keep the Mortgaged Property occupied occupied, if necessary, so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity onoccupy, or allow the use or occupancy of or the conduct of any activity onof, the Mortgaged Property in any manner that which violates any Governmental Requirement in any material respect Applicable Law or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheldApplicable Laws. With the exception of the Permitted Encumbrances, Grantor will not impose any easement, restrictive covenant covenants or encumbrance encumbrances upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of the BeneficiaryNoteholder, not be unreasonably delayed, withheld or conditioned. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for shall not cause or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there shall be no permit any drilling or exploration for for, or extraction, removal or production of any mineralof, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) minerals from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereofMortgaged Property. Grantor will cause all debts and liabilities not do or suffer to be done any act whereby the value of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the maintenance, operation and development part of the Mortgaged Property may be lessened. Grantor will allow, after receiving reasonable prior written notice, Noteholder or its authorized representative to be enter the Mortgaged Property at any reasonable time to inspect the Mortgaged Property and Grantor's books and records pertaining thereto and Grantor will assist Noteholder or said representative in whatever way reasonably necessary to make such inspection. If Grantor receives a notice or claim from any federal, state or other governmental entity pertaining to the Mortgaged Property, including, without limitation, a notice that the Mortgaged Property is not in compliance with any Applicable Law, Grantor will promptly paidfurnish a copy of such notice or claim to Noteholder.

Operation of Mortgaged Property. Grantor Trustor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects Applicable Laws and will pay all fees or charges of any kind in connection therewith. Grantor Trustor will not abandon all or any portion of the Mortgaged Property and will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor Trustor will not use or occupy or conduct any activity onoccupy, or allow the use or occupancy of or the conduct of any activity onof, the Mortgaged Property in any manner that which violates any Governmental Requirement in any material respect Applicable Law or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor Trustor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheldApplicable Laws. With the exception of the Permitted Encumbrances, Grantor Trustor will not impose any easement, restrictive covenant covenants or encumbrance encumbrances upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of the BeneficiaryLender in its sole and absolute discretion. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for Trustor shall not cause or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there shall be no permit any drilling or exploration for for, or extraction, removal or production of any mineralof, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) minerals from the surface or subsurface of the Land regardless of Mortgaged Property. Trustor will not do or suffer to be done any act whereby the depth thereof or the method of mining or extraction thereof. Grantor will cause all debts and liabilities value of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the maintenance, operation and development part of the Mortgaged Property may be lessened. Trustor will allow Lender or its authorized representative to be enter the Mortgaged Property at any reasonable time to inspect the Mortgaged Property and Trustor’s books and records pertaining thereto and Trustor will assist Lender or said representative in whatever way necessary to make such inspection. If Trustor receives a notice or claim from any federal, state or other governmental entity pertaining to the Mortgaged Property, including, without limitation, a notice that the Mortgaged Property is not in compliance with any Applicable Law, Trustor will promptly paidfurnish a copy of such notice or claim to Lender.

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects Applicable Laws and will pay all fees or charges of any kind in connection therewith. Grantor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity onoccupy, or allow the use or occupancy of or the conduct of any activity onof, the Mortgaged Property in any manner that which violates any Governmental Requirement in any material respect Applicable Law or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheldApplicable Laws. With the exception of the Permitted Encumbrances, Grantor will not impose any easement, restrictive covenant covenants or encumbrance encumbrances upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of the BeneficiaryCollateral Agent or unless and to the extent otherwise permitted hereby. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for shall not cause or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there shall be no permit any drilling or exploration for for, or extraction, removal or production of any mineralof, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) minerals from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereofMortgaged Property. Grantor will cause all debts and liabilities not do or suffer to be done any act whereby the value of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the maintenance, operation and development part of the Mortgaged Property may be materially lessened. During normal business hours and so long as Grantor’s business is not materially interrupted, Grantor will allow the Collateral Agent or its authorized representative to be enter the Mortgaged Property at any reasonable time to inspect the Mortgaged Property and Grantor’s books and records pertaining thereto and Grantor will assist the Collateral Agent or said representative in whatever way necessary to make such inspection. If Grantor receives a notice or claim from any federal, state or other governmental entity pertaining to the Mortgaged Property, including, without limitation, a notice that the Mortgaged Property is not in compliance with any Applicable Law material to Grantor’s business, Grantor will promptly paidfurnish a copy of such notice or claim to the Collateral Agent.

Operation of Mortgaged Property. Grantor Trustor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Legal Requirements in all material respects and will pay all fees or charges of any kind in connection therewiththerewith unless same are being contested by Trustor in accordance with sound business practice. Grantor Trustor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor Trustor will not use or occupy or conduct any activity onoccupy, or allow the use or occupancy of or the conduct of any activity onof, the Mortgaged Property in any manner that which violates any Governmental Requirement Legal Requirements in any material respect or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, cancelable any insurance then in force with respect theretorequired to be maintained hereunder. Grantor Trustor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the BeneficiaryLegal Requirements, which consent shall not be unreasonably withheld. With the exception of the Permitted Encumbrances, Grantor and Trustor will not impose any easement, restrictive covenant covenants or encumbrance encumbrances upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of Beneficiary, except in the Beneficiary. Grantor will preserve, protect, renew, extend ordinary course of business and retain all material rights and privileges granted in accordance with sound business practice for or applicable to the development of the Mortgaged PropertyProperty as a residential subdivision consistent with prior development. Trustor will not do or suffer to be done any act whereby the value of any part of the Mortgaged Property may be lessened in any material respect. Without the prior written consent of the Beneficiary, there shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereof. Grantor Trustor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor Mortgagor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor Mortgagor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor Mortgagor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that violates any Governmental Requirement in any material respect or that constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor Mortgagor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without Legal Requirement. Except to the prior written consent of extent permitted by the Beneficiary, which consent shall not be unreasonably withheld. With the exception of the Credit Documents and except for Permitted Encumbrances, Grantor Mortgagor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of Mortgagee. Mortgagor will not do or suffer to be done any act whereby the Beneficiaryvalue of any part of the Mortgaged Property may be lessened in any material respect. Grantor Mortgagor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there There shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) gravel from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereofthereof without the prior written consent of Mortgagee. Grantor Mortgagor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that violates any Governmental Requirement in any material respect or that constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without Legal Requirement. Except to the prior written consent of extent permitted by the Beneficiary, which consent shall not be unreasonably withheld. With the exception of the Credit Documents and except for Permitted Encumbrances, Grantor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of Beneficiary. Grantor will not do or suffer to be done any act whereby the Beneficiaryvalue of any part of the Mortgaged Property may be lessened in any material respect. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there There shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) gravel from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereofthereof without the prior written consent of Beneficiary. Grantor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor Trustor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor Trustor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor Trustor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that violates any Governmental Requirement in any material respect or that constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor Trustor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without Legal Requirement. Except to the prior written consent of extent permitted by the Beneficiary, which consent shall not be unreasonably withheld. With the exception of the Credit Documents and except for Permitted Encumbrances, Grantor Trustor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of the Beneficiary. Grantor Trustor will not do or suffer to be done any act whereby the value of any part of the Mortgaged Property may be lessened in any material respect. Trustor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the Beneficiary, there There shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) gravel from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereofthereof without the prior written consent of Beneficiary. Grantor Trustor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Legal Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that which violates any Governmental Legal Requirement in any material respect or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement Legal Requirement. Grantor will not, without the prior written consent of the Beneficiary, which Agent (such consent shall of Agent not to be unreasonably withheld. With the exception of the Permitted Encumbrances), Grantor will not impose any easement, restrictive covenant covenant, or encumbrance upon the Mortgaged Property, except for easements that do not materially and adversely affect the Mortgaged Property, execute or file any subdivision plat or condominium declaration affecting the Mortgaged Property without or consent to the prior written consent annexation of the BeneficiaryMortgaged Property to any municipality. Grantor will not do or suffer to be done any act whereby the value of any part of the Mortgaged Property may be materially and adversely lessened. Grantor will preserve, protect, renew, extend extend, and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the BeneficiaryAgent, there shall be no drilling or exploration for or extraction, removal removal, or production of any mineral, hydrocarbon, gas, natural element, compound compound, or substance (including sand and gravel) from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereof. Grantor will cause all debts and liabilities of any character (including without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation operation, and development of the Mortgaged Property to be promptly paid, except for debts and liabilities being contested in good faith by appropriate proceedings and for which Grantor has established reserves in accordance with GAAP or obtained other security (in each case reasonably acceptable to the Administrative Agent).

Operation of Mortgaged Property. Grantor will operate the Mortgaged Property in a good and workmanlike manner and in accordance with all Governmental Legal Requirements in all material respects and will pay all fees or charges of any kind in connection therewith. Grantor will keep the Mortgaged Property occupied so as not to impair the insurance carried thereon. Grantor will not use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Property in any manner that which violates any Governmental Legal Requirement in any material respect or that which constitutes a public or private nuisance or that which makes void, voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. Grantor will not initiate or permit any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in such a manner that which would result in such use becoming a nonconforming use under applicable zoning ordinances or any other Governmental Requirement without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheldLegal Requirement. With the exception of the Permitted Encumbrances, Grantor will not impose any easement, restrictive covenant or encumbrance upon the Mortgaged Property, execute or file any subdivision plat plan or condominium declaration affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality, without the prior written consent of Holder. Grantor will not do or suffer to be done any act whereby the Beneficiaryvalue of any part of the Mortgaged Property may be lessened. Grantor will preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. Without the prior written consent of the BeneficiaryHolder, there shall be no drilling or exploration for or extraction, removal or production of any mineral, hydrocarbon, gas, natural element, compound or substance (including sand and gravel) from the surface or subsurface of the Land regardless of the depth thereof or the method of mining or extraction thereof. Grantor will cause all debts and liabilities of any character (including incuding without limitation all lawful and valid debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property) incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paidpaid or diligently contested through appropriate proceedings, provided that a bond or other collateral in form and amount satisfactory to Lender shall have been provided in connection with such contest.