Common use of Preservation and Maintenance of Property Clause in Contracts

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Mortgagor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep shall, unless Agent withholds insurance proceeds as security for or application to the Property Obligations as provided in good repair and the Credit Agreement, restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Agent may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repairrepair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of , including, without limitation, the Property by Borrower or by a property manager satisfactory American with Disabilities Act, as it may be amended from time to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lendertime; and (hf) shall give notice in writing to Lender of and, unless otherwise directed in writing by LenderAgent of, appear in and defend defend, any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderAgent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Agent. Neither Borrower Unless required by applicable law or unless Agent has otherwise consented in writing, neither Mortgagor nor any tenant or other person Person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture (other than trade fixtures), equipment, machinery or appliance in or on the Land Property owned by Mortgagor and owned used or leased by Borrower intended to be used in connection with the Property, except when incident as permitted pursuant to the replacement of Fixtures, equipment, machinery and appliances with items of like kindCredit Agreement.

Preservation and Maintenance of Property. Borrower Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to substantially the equivalent of of, or better than, its original condition, ordinary wear and tear exceptedcondition on the date hereof, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for professional management of the Property by Borrower or by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower Grantor nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement replacements of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Mortgagor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep shall, unless Administrative Agent withholds insurance proceeds as security for or application to the Property Obligations as provided in good repair and the Credit Agreement, restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Administrative Agent may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repairrepair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Administrative Agent applies the proceeds of such insurance to payment of the Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of , including, without limitation, the Property by Borrower or by a property manager satisfactory American with Disabilities Act, as it may be amended from time to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lendertime; and (hf) shall give notice in writing to Lender of and, unless otherwise directed in writing by LenderAdministrative Agent of, appear in and defend defend, any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderAdministrative Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Administrative Agent. Neither Borrower Unless required by applicable law or unless Administrative Agent has otherwise consented in writing, neither Mortgagor nor any tenant or other person Person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture (other than trade fixtures), equipment, machinery or appliance in or on the Land Property owned by Mortgagor and owned used or leased by Borrower intended to be used in connection with the Property, except when incident as permitted pursuant to the replacement of Fixtures, equipment, machinery and appliances with items of like kindCredit Agreement.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for management of the Property by Borrower Acadia Realty Limited Partnership, or otherwise provide for professional third-party management of the Property by a commercial property manager with substantial experience in managing properties of the applicable kind, and otherwise satisfactory to Lender Lender, pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (ai) shall not commit waste or permit impairment or deterioration (normal wear and tear excepted) of the Property; (b) Property and shall not abandon the Property; , (cii) shall keep the Property in good repair and reconstruct, restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear exceptedcondition as is reasonably practicable, or such other condition as Lender and Borrower may approve in writing, upon in the event of any damage damage, injury or loss thereto, but, if net insurance or condemnation proceeds have been paid to Lender, only to the extent of the self-insured retention (if any) plus insurance proceeds or condemnation awards or damages are made available to cover in whole or in part by Lender for the costs of such reconstruction, restoration or repair (normal wear and tear excepted), (iii) shall keep the Property in good order, condition and repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair; , and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen repairs, replacements and renewals necessary to that end, (div) shall comply in all material respects with all zoning, building, health and environmental laws, ordinancesordinances and regulations, and all other laws, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower body or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert agency having jurisdiction over the Property, or any portion thereofthe use and occupancy thereof by Borrower, to a condominium or cooperative form of management; and (gv) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent comply with all covenants and agreements of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect record affecting the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or any Fixture, equipment, machinery or appliance in or hereafter erected on the Land Property without the prior written consent of Lender except such repairs and owned replacements made in the ordinary course of business as a result of obsolescence or leased by Borrower except when incident to the replacement wear and tear and provided such replacements are made of Fixtures, equipment, machinery and appliances with items material of like kindsubstantially equivalent or greater value.

Preservation and Maintenance of Property. Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, and in compliance with state and federal laws, ordinary wear and tear excepted, (b) shall maintain the Property in a condition suitable for certification by the manufacturer thereof (if certification is available) and in conformance with all manufacturer's recommended maintenance requirements, (c) shall not commit waste or permit impairment or deterioration of the Property; , (bd) shall not abandon the Property; , (ce) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (df) shall keep all improvements, fixtures, equipment, machinery and appliances on the Property, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (g) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. In the event that any parts or accessories forming part of any item or items of Property become worn out, lost, destroyed, damaged beyond repair or otherwise rendered unfit for use, Borrower, at its own expense and expeditiously, will replace or cause the replacement of such parts or accessories by replacement parts or accessories free and clear of all liens and encumbrances and with a value and utility at least equal to that of the parts or accessories being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair). All such replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Property and, as such, shall be subject to the terms of this Agreement. Neither Lender nor Issuer shall have any responsibility in any of these matters, or for the making of improvements or additions to the Property. Borrower will defend the Property against all claims or demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed in writing by LenderMETLIFE, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderMETLIFE hereunder. Neither Borrower nor any tenant or other person person, without the written approval of METLIFE, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then Lender, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person person, without the written approval of Lender, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower Guarantor (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Guarantor to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed in writing by LenderMETLIFE, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Deed of Trust or the rights or powers of LenderMETLIFE hereunder. Neither Borrower Guarantor nor any tenant or other person person, without the written approval of METLIFE, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Guarantor represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all Improvements thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then Lender, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract approved by Lender in form writing, unless such requirement shall be waived by Lender in writing, and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person person, without the written approval of Lender, shall remove, demolish or alter any Improvement now existing or hereafter erected on the Premises or any FixtureProperty, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in substantial compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall shall, subject to Paragraphs 3 and 5 above, as applicable, and to the extent Rents, Property revenue and casualty and/or condemnation proceeds are available, keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may reasonably approve in writing, and upon any damage or loss thereto, if net insurance proceeds are made available to cover thereto in whole or in part accordance with the costs terms of such restoration or repairParagraph 5; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager reasonably satisfactory to Lender pursuant to a contract in form and substance reasonably satisfactory to Lender; and (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by LenderLender if the Lender determines that the Property may be adversely affected by such appearance, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind, without the prior written consent of Lender, which consent shall not be unreasonably withheld or delayed.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent (in value, character) of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on (if any part of the Property any underground storage tank is let to a tenant or above-ground storage tank without tenants) shall generally operate and maintain the written consent of Lender; Property in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed Borrower represents, warrants and covenants that the Property is and shall be in writing by Lendercompliance with all applicable provisions of the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, appear in and defend any action or proceeding purporting as the same may be amended from time to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixtures, equipment, machinery and appliances with items of like kindtime.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) if Borrower or its managing member ceases to manage the Property, then Borrower shall provide for professional management of the Property by Borrower or by a commercial rental property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Propertywriting, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kindkind and except as permitted under the terms of approved leases.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all UNIFORM COVENANTS--Multifamily--1/77--FNMA/FHLMC UNIFORM INSTRUMENT Form 4010 (page 3 of 8 pages) or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for professional management of the Property by Borrower or by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, and in compliance with state and federal laws, ordinary wear and tear excepted, (b) shall maintain the Property in a condition suitable for certification by the manufacturer thereof (if certification is available) and in conformance with all manufacturer's recommended maintenance requirements, (c) shall not commit waste or permit impairment or deterioration of the Property; , (bd) shall not abandon the Property; , (ce) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (df) shall keep all improvements, fixtures, equipment, machinery and appliances on the Property, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (g) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. In the event that any parts or accessories forming part of any item or items of Property become worn out, lost, destroyed, damaged beyond repair or otherwise rendered unfit for use, Borrower, at its own expense and expeditiously, will replace or cause the replacement of such parts or accessories by replacement parts or accessories free and clear of all liens and encumbrances and with a value and utility at least equal to that of the parts or accessories being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair). All such replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Property and, as such, shall be subject to the terms of this Agreement. Lender shall have no responsibility in any of these matters, or for the making of improvements or additions to the Property. Borrower will defend the Property against all claims or demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of andany action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender to the extent such action or proceeding could potentially expose Borrower, Principal or the Property to liability in excess of $35,000; and (g) unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Bank may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then Bank, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender Bank pursuant to a contract approved by Bank in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Bank in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals and (h) shall give notice in writing to Lender Bank of and, unless otherwise directed in writing by LenderBank, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderBank hereunder. Neither Borrower nor any tenant or other person person, without the written approval of Bank, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property, except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for management of the Property by Borrower Acadia Realty Limited Partnership, or otherwise provide for professional third-party management of the Property by a commercial property manager with substantial experience in managing properties of the applicable kind, and otherwise satisfactory to Lender Lender, pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Beneficiary may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower Grantor or by a property manager satisfactory to Lender Beneficiary pursuant to a contract in form and substance satisfactory to LenderBeneficiary; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of LenderBeneficiary; and (h) shall give notice in writing to Lender Beneficiary of and, unless otherwise directed in writing by LenderBeneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of LenderBeneficiary. Neither Borrower Grantor nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Grantor except when incident to the replacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, body and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed in writing by LenderMETLIFE, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Mortgage or the rights or powers of LenderMETLIFE hereunder. Neither Borrower nor any tenant or other person person, without the written approval of METLIFE, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for management of the Property by Borrower Acadia Realty Limited Partnership or Aberdeen Properties, Inc., or otherwise provide for professional third-party management of the Property by a commercial property manager with substantial experience in managing properties of the applicable kind, and otherwise satisfactory to Lender Lender, pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Beneficiary may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower Grantor or by a property manager reasonably satisfactory to Lender Beneficiary pursuant to a contract in form and substance reasonably satisfactory to LenderBeneficiary; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of LenderBeneficiary; and (h) shall give notice in writing to Lender Beneficiary of and, unless otherwise directed in writing by LenderBeneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of LenderBeneficiary and/or Trustee. Neither Borrower Grantor nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Grantor except when incident to the replacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Trustor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Beneficiary may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall keep the Property including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair; (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (ef) if requested by Beneficiary, shall provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender Beneficiary pursuant to a contract approved by Beneficiary in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of managementwriting; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender(if it be income property) in a manner to ensure maximum rentals; and (h) shall give notice in writing to Lender Beneficiary of and, unless otherwise directed in writing by LenderBeneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Deed of Trust or the rights or powers of LenderBeneficiary. Neither Borrower Trustor nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not ---------------------------------------- commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed in writing by LenderMETLIFE, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Deed or the rights or powers of LenderMETLIFE hereunder. Neither Borrower nor any tenant or other person person, without the written approval of METLIFE, shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender METLIFE may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; repair but subject to METLIFE's making insurance proceeds available, (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then METLIFE, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender METLIFE pursuant to a contract approved by METLIFE in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by METLIFE in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender METLIFE of and, unless otherwise directed in writing by LenderMETLIFE, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderMETLIFE hereunder. Neither Borrower nor any tenant or other person person. without the written approval of METLIFE. shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Non-structural alterations shall not require the consent of METLIFE. Borrower represents, warrants and covenants that the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall, at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition, ordinary wear and tear excepted, and, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, in compliance with state and federal laws, (b) shall not commit waste or permit impairment or deterioration of the Property; , (bc) shall not abandon the Property; , (cd) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, if all or any part of the Property is for rent or lease, then Lender, at its option after the occurrence of an Event of Default, may require Borrower to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (he) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned Property with a fair market value in excess of $50,000 individually or leased by Borrower $100,000 in the aggregate except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Borrower will defend the Property against all claims or demands of all persons (other than Lender) claiming the Property or any interest therein. Borrower represents and warrants as of the Closing Date that, to the best of Borrower’s knowledge, the Property is in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time (the “ADA”). Borrower shall promptly make all necessary changes to the Property in order to make it in compliance with the ADA.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available sufficient to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including Improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) materially shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract in form and substance satisfactory to Lender; , (f) shall not take any steps whatsoever to convert operate the PropertyProperty as a shopping center, or any portion thereof, to a condominium or cooperative form of management; and (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; ordinary wear and tear excepted; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all applicable laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower or by a property manager reasonably satisfactory to Lender pursuant to a contract in form and substance reasonably satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of LenderLender which shall not be unreasonably withheld or delayed provided Borrower provides evidence to Lender that said tanks shall be installed, maintained and operated in accordance with all applicable laws, ordinances and regulations; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of Lender. Neither Without Lender's written consent, neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. Notwithstanding the foregoing and during an MHC Control Period, Lender's prior approval with respect to alterations shall only be required in connection with any alterations to any Improvements, exclusive of alterations to tenant spaces required under any Lease, (a) that may have a material adverse effect on the Property, or (b) that, together with any other alterations undertaken at the same time (including any related alterations, improvements or replacements), are reasonably anticipated to have a cost in excess of five percent (5.0%) of the Loan Amount (the "ALTERATION THRESHOLD"). During an MHC Control Period, Lender shall not unreasonably withhold its consent in connection with any alterations in excess of the Alteration Threshold, provided that Lender shall have received (a) a current Appraisal of the Property (or a letter update to the Appraisal delivered in connection with the closing of the Loan), (b) a certificate from Borrower and (c) such other evidence that would be satisfactory to a prudent institutional mortgage loan lender each indicating that such alterations will not impair (as security for the Loan) the fair market value of the real estate collateral portion of the Property, as determined by a prudent institutional secondary market lender. If the total unpaid amounts incurred and to be incurred with respect to such alterations to the Improvements shall at any time exceed the Alteration Threshold and Lender's consent in connection with any such alterations is granted, Borrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower's obligations under the Loan Documents any of the following: (i) cash, (ii) direct non-callable obligations of the United States of America or other obligations which are "government securities" within the meaning of Section 2(a)(16) of the Investment Company Act of 1940, to the extent acceptable to the applicable Rating Agencies, (iii) other securities acceptable to Lender and the Rating Agencies, or (iv) a completion bond, provided that such completion bond is acceptable to the Lender and the Rating Agencies. Such security shall be in an amount equal to the excess of the total unpaid amounts incurred and to be incurred with respect to such alterations to the Improvements over the Alteration Threshold.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including all improvements, fixtures, equipment, machinery and appliances thereon, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall if all or part of the Property is for rent or lease, then Lender, at its option after the occurrence of an Event of Default, may require Borrower to provide for professional management of the Property by Borrower or by a property manager satisfactory to Lender pursuant to a contract approved by Lender in form writing, unless such requirement shall be waived by Lender in writing, and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lender; and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of LenderLender hereunder. Neither Borrower nor any tenant or other person person, without the written approval of Lender, shall remove, demolish or alter any Improvement now existing or hereafter erected on the Premises and owned by Borrower or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind. To the best of Borrower's knowledge, the Property is and shall be in compliance with the Americans with Disabilities Act of 1990 and all of the regulations promulgated thereunder, as the same may be amended from time to time.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (cc ) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all Uniform Covenants--Multifamily--1/77--FNMA/FHLMC Uniform Instrument Form 4010 (page 3 of 8 pages) or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for professional management of the Property by Borrower or by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Beneficiary may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower Grantor or by a property manager satisfactory to Lender Beneficiary pursuant to a contract in form and substance satisfactory to LenderBeneficiary; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of LenderBeneficiary; and (h) shall give notice in writing to Lender Beneficiary of and, unless otherwise directed in writing by LenderBeneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of LenderBeneficiary and/or Trustee. Neither Borrower Grantor nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Grantor except when incident to the replacement of Fixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property; , (b) shall not abandon the Property; , (c) shall keep the Property in good repair and restore or repair promptly, promptly and in a good and workmanlike manner, manner all FORM 4010 (PAGE 3 OF 8 PAGES) UNIFORM COVENANTS-MULTIFAMILY-1/77-FNMA/FHLMC UNIFORM INSTRUMENT or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; , (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; , (ef) shall provide for professional management of the Property by Borrower or by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in form and substance satisfactory to Lender; (f) writing, unless such requirement shall not take any steps whatsoever to convert the Propertybe waived by Lender in writing, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on generally operate and maintain the Property any underground storage tank or above-ground storage tank without the written consent of Lender; in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding __________________________________ purporting to affect the Property, the security granted by the Loan Documents of this Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Property except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Grantor (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep the Property in good repair and restore or repair promptly, in a good and workmanlike manner, all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Beneficiary may approve in writing, upon any damage or loss thereto, if net insurance proceeds are made available to cover in whole or in part the costs of such restoration or repair; (d) shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents applicable to the Property; (e) shall provide for management of the Property by Borrower Grantor or by a property manager satisfactory to Lender Beneficiary pursuant to a contract in form and substance satisfactory to LenderBeneficiary; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of LenderBeneficiary; and (h) shall give notice in writing to Lender Beneficiary of and, unless otherwise directed in writing by LenderBeneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security granted by the Loan Documents or the rights or powers of LenderBeneficiary and/or Trustee. Neither Borrower Grantor nor any tenant or other person shall remove, demolish or alter any Improvement or any Fixturefixture, equipment, machinery or appliance in or on the Land and owned or leased by Borrower Grantor except when incident to the replacement of Fixturesfixtures, equipment, machinery and appliances with items of like kind.

Preservation and Maintenance of Property. Borrower Mortgagors (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall keep shall, unless Collateral Agent withholds insurance proceeds as security for or application to the Property Secured Obligations as provided in good repair and the Credit Agreement, restore or repair promptly, promptly and in a good and workmanlike manner, manner all or any part of the Property to the equivalent of its original condition, ordinary wear and tear excepted, or such other condition as Lender Collateral Agent may approve in writing, upon in the event of any damage damage, injury or loss thereto, if net whether or not insurance proceeds are made available to cover in whole or in part the costs of such restoration or repairrepair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Collateral Agent applies the proceeds of such insurance to payment of the Secured Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagors when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body, and all requirements of any documents body applicable to the Property; (e) shall provide for management of , including, without limitation, the Property by Borrower or by a property manager satisfactory American with Disabilities Act, as it may be amended from time to Lender pursuant to a contract in form and substance satisfactory to Lender; (f) shall not take any steps whatsoever to convert the Property, or any portion thereof, to a condominium or cooperative form of management; (g) shall not install or permit to be installed on the Property any underground storage tank or above-ground storage tank without the written consent of Lendertime; and (hf) shall give notice in writing to Lender of and, unless otherwise directed in writing by LenderCollateral Agent of, appear in and defend defend, any action or proceeding purporting to affect the Property, the security granted by the Loan Documents of this Agreement or the rights or powers of LenderCollateral Agent, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Collateral Agent. Neither Borrower Unless required by applicable law or unless Collateral Agent has otherwise consented in writing, neither Mortgagors nor any tenant or other person Person shall remove, demolish or alter any Improvement improvement now existing or hereafter erected on the Property or any Fixturefixture (other than trade fixtures), equipment, machinery or appliance in or on the Land Property owned by Mortgagors and owned used or leased by Borrower intended to be used in connection with the Property, except when incident as permitted pursuant to the replacement of Fixtures, equipment, machinery and appliances with items of like kindCredit Agreement.