Use of Mortgaged Property. (a) Unless required by applicable law, without the prior written consent of Lender, Borrower will not take any of the following actions:
Use of Mortgaged Property. Mortgagor shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Mortgaged Property or any part thereof, nor shall Mortgagor initiate, join in, acquiesce in, or consent to any zoning change or zoning matter affecting the Mortgaged Property, which in any of the foregoing cases could reasonably be expected to result in a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a nonconforming use, Mortgagor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Mortgagee, which consent shall not be unreasonably withheld. Mortgagor shall not permit or suffer to occur any waste on or to the Mortgaged Property or to any portion thereof and shall not take any steps whatsoever to convert the Mortgaged Property, or any portion thereof, to a condominium or cooperative form of management. Mortgagor will not install or permit to be installed on the Premises any underground storage tank or above-ground storage tank in violation of the Environmental Laws.
Use of Mortgaged Property. Mortgagor shall use, and permit others to use, the Mortgaged Property only for uses permitted under applicable laws.
Use of Mortgaged Property. The Mortgaged Property is not used for agricultural, timber or grazing purposes.
Use of Mortgaged Property. Substantially or materially change the use or character of any portion of the Mortgaged Property, permit any excavation, construction, site work or other lienable work to be performed on any portion of the Mortgaged Property, initiate or acquiesce in any zoning variation or reclassification of any portion of the Mortgaged Property or commit or suffer any waste to exist on any portion of the Mortgaged Property.
Use of Mortgaged Property. (a) Unless required by applicable law, without the prior consent of Funding Lender and, if requested by Funding Lender, delivery of a No Adverse Effect Opinion addressed to Funding Lender and Fiscal Agent, Borrower will not take any of the following actions:
Use of Mortgaged Property. Each parcel of Mortgaged Property will be used, or intended for use, primarily as a facility for the sale or repair of motor vehicles by the lessee of the Mortgaged Property, except as otherwise permitted under the Leases.
Use of Mortgaged Property. Unless required by applicable law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the nature of the occupancy or use for which the Mortgaged Property was intended at the time this Mortgage was executed. Mortgagor shall not initiate or acquiesce in a change in the zoning classification of the Mortgaged Property or subject the Mortgaged Property to restrictive or negative covenants without Mortgagee’s written consent. Mortgagor shall comply with, observe and perform all zoning and other laws affecting the Mortgaged Property, all restrictive covenants affecting the Mortgaged Property, and all licenses and permits affecting the Mortgaged Property.
Use of Mortgaged Property. Mortgagor shall not use the Mortgaged Property or any part thereof, or allow the same to be used or occupied, for any purpose other than for the purposes of a commercial retail use, or for any unlawful purpose, or in violation of any certificate of occupancy or other permit or certificate, or any law, ordinance or regulation, covering or affecting the use or occupancy thereof. Mortgagor will not suffer any act to be done or any condition to exist on the Mortgaged Property or any part thereof or any article to be brought thereon, which may be dangerous (unless safeguarded as required by law) or which may constitute a nuisance public or private or which may void or make voidable any insurance then in force with respect thereto.
Use of Mortgaged Property. The Mortgaged Property is being, and will continue to be, used for commercial retail purposes and is not now nor ever has been homestead property (business or personal).
