Common use of Property Document Covenants Clause in Contracts

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documents; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same).

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to (i) promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder, or cause an applicable Tenant to do the foregoing pursuant to the terms of its Lease, as applicable; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documentsintentionally omitted; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease)Lender, (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default or a Mortgage Loan Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. To the extent that the Deemed Approval Requirements are fully satisfied in connection with any Borrower request for Lender consent under this Section and Lxxxxx thereafter fails to respond, Mezzanine A Borrower or Mezzanine B Borrower Lxxxxx’s approval shall be deemed given with respect to do same)the matter for which approval was requested.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- non-Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documents; (iv) (A) with respect to any non-Triple Net Leased Property, Property cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to do same), (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to do same), (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B A Borrower to do same).

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- non-Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documents; (iv) (A) with respect to any non-Triple Net Leased Property, Property cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or same) or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same).

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- non-Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant it under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documents; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to (i) promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder, or cause an applicable Tenant to do the foregoing pursuant to the terms of its Lease, as applicable; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documentsintentionally omitted; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease)Lender, (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, Mezzanine A Loan Event of Default or a Mortgage Loan Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. To the extent that the Deemed Approval Requirements are fully satisfied in connection with any Borrower request for Lender consent under this Section and Xxxxxx thereafter fails to respond, Mezzanine A Borrower or Mezzanine B Borrower Xxxxxx’s approval shall be deemed given with respect to do same)the matter for which approval was requested.

Property Document Covenants. Without limiting the other provisions of this Agreement Borrower shall, at its sole cost and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observeexpense, (or cause to be performed and/or observeda) promptly and timely perform and observe (within all applicable notice and cure periods under the Property Documents) in all material respects, respects all of the terms, covenants and agreements conditions required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and shall do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (iib) promptly notify Lender of any material default under the Property Documents of which it is actually aware; (iiic) promptly deliver to Lender upon reasonable request a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate any notice of default received by it or Mortgage Borrower under the any Property DocumentsDocument; (ivd) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of in all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance material respects of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (ve) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased encumbering the Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vif) not, without the prior written consent of Lender (such consent not to be unreasonably withheld withheld, conditioned or as permitted pursuant to Section 4.23 hereof with respect to each Ground Leasedelayed), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (Bi) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (Cii) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or alter, amend, or waive or release any of its rights and remedies under, the terms or conditions of the Property Documents in any a manner that would reasonably be expected to have or does have a material respect adverse effect on the value, current use or operation of the Property, the business, operations or condition (financial or permit Mortgage Borrower, Mezzanine A otherwise) of the Borrower or Mezzanine B Borrower to do same)or Guarantor, (Fiii) following the occurrence and during the continuance of an Event of Default, modify, change, supplement, alter, amend, or waive any of the terms or conditions of the Property Documents, (iv) enter into any new Property Document unless the same would be a Permitted Transfer that would otherwise not require Lender’s consent, or (v) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. Notwithstanding anything to the contrary contained herein, Mezzanine A Borrower or Mezzanine B to the extent Lxxxxx’s prior approval is required in connection with a Property Document as set forth in this Section 5.1.24, such approval shall be deemed given if the first correspondence from Borrower to do same)Lxxxxx requesting such approval contains a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF A PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH ANNUAL BUDGET IN WRITING WITHIN SEVEN (7) BUSINESS DAYS, BORROWER MAY DELIVER A DEEMED APPROVAL NOTICE”, and any customary information and documents in Borrower’s possession reasonably requested by Lxxxxx in writing prior to the expiration of such seven (7) Business Day period in order to adequately review the same has been delivered to Lender and, if Lender fails to approve or disapprove in writing within the seven (7) Business Day period, a second notice is delivered to Lender from Borrower in an envelope marked “PRIORITY” requesting approval containing a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH PROPERTY DOCUMENT IN WRITING WITHIN THREE (3) BUSINESS DAYS, YOUR APPROVAL SHALL BE DEEMED GIVEN” and Lxxxxx fails to approve or disapprove within the three (3) Business Day period.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Propertytimely exercise the extension option under Article II of the Decatur Parking Lease. Borrower shall, promptly perform and/or observeat its sole cost and expense, (or cause to be performed and/or observeda) promptly and timely perform and observe (within all applicable notice and cure periods under the Property Documents) in all material respects, respects all of the terms, covenants and agreements conditions required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and shall do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (iib) promptly notify Lender of any material default under the Property Documents of which it is actually aware; (iiic) promptly deliver to Lender upon reasonable request a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate any material notice of default received by it or Mortgage Borrower under the any Property DocumentsDocument; (ivd) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of in all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance material respects of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (ve) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased encumbering the Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vif) not, without the prior written consent of Lender (such consent not to be unreasonably withheld withheld, conditioned or as permitted pursuant to Section 4.23 hereof with respect to each Ground Leasedelayed), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (Bi) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (Cii) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or alter, amend, or waive or release any of its rights and remedies under, the terms or conditions of the Property Documents in any a manner that would reasonably be expected to have or does have a material respect adverse effect on the value, current use or operation of the Property, or the business, operations or condition (financial or permit Mortgage Borrower, Mezzanine A otherwise) of the Borrower or Mezzanine B Borrower to do same)or Guarantor, (Fiii) following the occurrence and during the continuance of an Event of Default, modify, change, supplement, alter, amend, or waive any of the terms or conditions of the Property Documents, (iv) enter into any new Property Document unless same would be a Permitted Transfer that would otherwise not require Lender’s consent, or (v) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. Notwithstanding anything to the contrary contained herein, Mezzanine A Borrower or Mezzanine B to the extent Lxxxxx’s prior approval is required in connection with a Property Document as set forth in this Section 5.1.25, such approval shall be deemed given if the first correspondence from Borrower to do same)Lender requesting such approval contains a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF A PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH ANNUAL BUDGET IN WRITING WITHIN SEVEN (7) BUSINESS DAYS, BORROWER MAY DELIVER A DEEMED APPROVAL NOTICE”, and any customary information and documents in Borrower’s possession reasonably requested by Lxxxxx in writing prior to the expiration of such seven (7) Business Day period in order to adequately review the same has been delivered to Lender and, if Lender fails to approve or disapprove in writing within the seven (7) Business Day period, a second notice is delivered to Lender from Borrower in an envelope marked “PRIORITY” requesting approval containing a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH PROPERTY DOCUMENT IN WRITING WITHIN THREE (3) BUSINESS DAYS, YOUR APPROVAL SHALL BE DEEMED GIVEN” and Lxxxxx fails to approve or disapprove within the three (3) Business Day period.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant it under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly after request from deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property DocumentsDocuments that have not previously been delivered; (iv) (A) with respect to any non-Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents Documents. Notwithstanding any provision contained in this Section 4.22 to the contrary, Lxxxxx agrees that it shall not unreasonably withhold, condition or delay its approval of the “Declaration of CCRs” (or permit Mortgage as defined in the Forsyth Leased Fee Lease) and agrees, at Borrower’s sole cost and expense, Mezzanine A Borrower or Mezzanine B Borrower Lender shall, at Borrower’s sole cost and expense, subordinate the Security Instrument with respect to do same)the Forsyth Individual Property to such “Declaration of CCRs” pursuant to a subordinate agreement in form and substance reasonably acceptable to Lender.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to (i) promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder, or cause an applicable Tenant to do the foregoing pursuant to the terms of its Lease, as applicable; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documentsintentionally omitted; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease)Lender, (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default or a Mortgage Loan Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. To the extent that the Deemed Approval Requirements are fully satisfied in connection with any Borrower request for Lender consent under this Section and Xxxxxx thereafter fails to respond, Mezzanine A Borrower or Mezzanine B Borrower Xxxxxx’s approval shall be deemed given with respect to do same)the matter for which approval was requested.

Property Document Covenants. Without limiting the other provisions of this Agreement Borrower shall, at its sole cost and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly perform and/or observeexpense, (or cause to be performed and/or observeda) promptly and timely perform and observe (within all applicable notice and cure periods under the Property Documents) in all material respects, respects all of the terms, covenants and agreements conditions required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and shall do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (iib) promptly notify Lender of any material default under the Property Documents of which it is actually aware; (iiic) promptly deliver to Lender upon reasonable request a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate any notice of default received by it or Mortgage Borrower under the any Property DocumentsDocument; (ivd) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to enforce the performance and observance of in all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance material respects of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (ve) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Leased encumbering the Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vif) not, without the prior written consent of Lender (such consent not to be unreasonably withheld withheld, conditioned or as permitted pursuant to Section 4.23 hereof with respect to each Ground Leasedelayed), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (Bi) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (Cii) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or alter, amend, or waive or release any of its rights and remedies under, the terms or conditions of the Property Documents in any a manner that would reasonably be expected to have or does have a material respect adverse effect on the value, current use or operation of the Property, the business, operations or condition (financial or permit Mortgage Borrower, Mezzanine A otherwise) of the Borrower or Mezzanine B Borrower to do same)or Guarantor, (Fiii) following the occurrence and during the continuance of an Event of Default, modify, change, supplement, alter, amend, or waive any of the terms or conditions of the Property Documents, (iv) enter into any new Property Document unless the same would be a Permitted Transfer that would otherwise not require Lender’s consent, or (v) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments. Notwithstanding anything to the contrary contained herein, Mezzanine A Borrower or Mezzanine B to the extent Lexxxx’s prior approval is required in connection with a Property Document as set forth in this Section 5.1.24, such approval shall be deemed given if the first correspondence from Borrower to do same)Lexxxx xequesting such approval contains a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF A PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH ANNUAL BUDGET IN WRITING WITHIN SEVEN (7) BUSINESS DAYS, BORROWER MAY DELIVER A DEEMED APPROVAL NOTICE”, and any customary information and documents in Borrower’s possession reasonably requested by Lexxxx xn writing prior to the expiration of such seven (7) Business Day period in order to adequately review the same has been delivered to Lender and, if Lender fails to approve or disapprove in writing within the seven (7) Business Day period, a second notice is delivered to Lender from Borrower in an envelope marked “PRIORITY” requesting approval containing a conspicuous legend at the top of the first page thereof stating that “THIS IS A REQUEST FOR APPROVAL OF PROPERTY DOCUMENT. IF YOU FAIL TO APPROVE OR DISAPPROVE SUCH PROPERTY DOCUMENT IN WRITING WITHIN THREE (3) BUSINESS DAYS, YOUR APPROVAL SHALL BE DEEMED GIVEN” and Lexxxx xails to approve or disapprove within the three (3) Business Day period.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, Borrower shall (i) (A) with respect to any non- Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, promptly perform and/or observe, (or cause to be performed and/or observed) in all material respects, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant it under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is aware; (iii) promptly after request from deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property DocumentsDocuments that have not previously been delivered; (iv) (A) with respect to any non-Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, cause Mortgage Borrower to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner; (v) (A) with respect to any non-Triple Net Individual Property that is subject to a Leased PropertyFee Lease Termination Period, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents and (B) with respect to any Triple Net Individual Property subject to a Leased PropertyFee Lease, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease), (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (D) increase or consent to the increase of the amount of any charges under the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (F) following the occurrence and during the continuance of an Event of Default, exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents Documents. Notwithstanding any provision contained in this Section 4.22 to the contrary, Lender agrees that it shall not unreasonably withhold, condition or delay its approval of the “Declaration of CCRs” (or permit Mortgage as defined in the Forsyth Leased Fee Lease) and agrees, at Borrower’s sole cost and expense, Mezzanine A Borrower or Mezzanine B Borrower Lender shall, at Borrower’s sole cost and expense, subordinate the Security Instrument with respect to do same)the Forsyth Individual Property to such “Declaration of CCRs” pursuant to a subordinate agreement in form and substance reasonably acceptable to Lender.

Property Document Covenants. Without limiting the other provisions of this Agreement and the other Loan Documents, except as excused or delayed in connection with the Prior Hurricane Damage, Borrower shall (i) (A) with respect to any non- Triple Net Leased Property, promptly reasonably perform and/or observe, (or cause to be performed and/or observed) in all material respectsrespects and using commercially reasonable business judgment, all of the covenants and agreements required to be performed and observed by it and Mortgage Borrower under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things reasonably necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder and (B) with respect to any Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to promptly perform and/or observe, in all material respects, all of the covenants and agreements required to be performed and observed by such Tenant under the Property Documents (except to the extent the failure to so perform and observe would not have a Material Adverse Effect) and do all things necessary to preserve and to keep unimpaired its and Mortgage Borrower’s material rights thereunder; (ii) promptly notify Lender of any material default under the Property Documents of which it is awareaware that could have a Material Adverse Effect on such Individual Property; (iii) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it or Mortgage Borrower under the Property Documents; (iv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower use commercially reasonable efforts to enforce the performance and observance of all of the material covenants and agreements required to be performed and/or observed under the Property Documents in a commercially reasonable manner and (B) with respect to any Triple Net Leased Property, use commercially reasonable efforts to cause each Tenant thereunder to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed under the Property Documents that will not result in a commercially reasonable mannerMaterial Adverse Effect on such Individual Property; (viv) (A) with respect to any non-Triple Net Leased Property, cause Mortgage Borrower to use commercially reasonable efforts to cause the applicable non-Triple Net Leased Individual Property to be operated, in all material respects, in accordance with the Property Documents and in a manner that will not result in a Material Adverse Effect on such Individual Property; (Bv) with respect if the foregoing could reasonably be expected to any Triple Net Leased cause a Material Adverse Effect on such Individual Property, cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant thereunder to use commercially reasonable efforts to cause the applicable Triple Net Leased Property to be operated, in all material respects, in accordance with the Property Documents; and (vi) not, without the prior written consent of Lender (not to be unreasonably withheld or as permitted pursuant to Section 4.23 hereof with respect to each Ground Lease)Lender, (A) enter into (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to enter into) any new Property Document or replace or execute material modifications (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to replace or so execute modifications) to any existing Property Documents or renew or extend (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to renew or extend) the same (exclusive of, in each case, any automatic renewal or extension in accordance with its terms), (B) surrender, terminate or cancel the Property Documents (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)Documents, (C) reduce or consent to the reduction of the term of the Property Documents (Documents, or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (D) increase or consent to the increase of the amount of any charges payable by Borrower in any material respects under the Property Documents Documents, other than pursuant to the express terms thereof; and (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same), (E) otherwise modify, change, supplement, alter or amend, or waive or release any of its rights and remedies under, the Property Documents in any material respect (or permit Mortgage Borrower, Mezzanine A Borrower or Mezzanine B Borrower to do same)or (Fvi) following the occurrence and during the continuance of an Event of Default, not exercise any rights, make any decisions, grant any approvals or otherwise take any action under the Property Documents (or permit Mortgage BorrowerDocuments, Mezzanine A Borrower or Mezzanine B Borrower other than pursuant to do same)the express terms thereof.