Zoning; Title Matters. Trustor will not, without Beneficiary's express prior written consent, (A) initiate or support any zoning reclassification of the Mortgaged Property or seek any variance under existing zoning ordinances applicable thereto; (B) modify, amend or supplement any Permitted Encumbrances; (C) impose any restrictive covenants or any other encumbrance upon the Mortgaged Property, execute or file any subdivision plat affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality; or (D) permit or offer the Mortgaged Property to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement by prescription.
Zoning; Title Matters. Borrower will not, without the prior written consent of Lender:
Zoning; Title Matters. Mortgagor will not, without the prior written notice to Mortgagee, (i) initiate or support any zoning reclassification of the Premises, seek any variance under existing zoning ordinances applicable to the Premises or use or permit the use of the Premises in a manner which would result in such use becoming a non-conforming use under the applicable zoning ordinances, (ii) modify or amend any of the Permitted Encumbrances except to the extent permitted pursuant to the Credit Agreement, (iii) impose any restrictive covenants or encumbrances upon the Premises, execute or file any subdivision plat affecting the Premises or consent to the annexation of the Premises to any municipality or (iv) permit or suffer the Premises to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning; Title Matters. Borrower will not, without the prior written consent of Lender, (i) initiate or support any zoning reclassification of the Premises or the Improvements, seek any variance under existing zoning ordinances applicable to the Premises or the Improvements, or use or permit the use of the Premises and Improvements in a manner which would require any variance or special use permit under applicable zoning ordinances; (ii) modify, amend, or supplement any of the permitted title encumbrances; (iii) impose any restrictive covenants or encumbrances upon the Collateral, execute or file any subdivision plat affecting the Premises or the Improvements, or consent to the annexation of the Premises or the Improvements to any municipality; or (iv) permit or suffer the Premises and the Improvements to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession, or of any implied dedication or easement.
Zoning; Title Matters. The Grantor, without the prior consent --------------------- of the Beneficiary, will not (a) initiate or support any zoning reclassification of the Facility, seek any variance under existing zoning ordinances applicable to the Facility or use or permit the use of the Facility in a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances, (b) supplement, amend or otherwise modify any of the Permitted Exceptions, (c) impose any restrictive covenants upon the Facility, (d) execute or file any subdivision plat affecting the Facility or consent to the annexation of the Facility to any municipality or (e) permit or suffer the Facility to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning; Title Matters. 8 2.10 Insurance.................................................. 8
Zoning; Title Matters. Grantor will not, without the prior written consent of Beneficiary, (i) initiate or support any zoning reclassification of the Premises, seek any variance under existing zoning ordinances applicable to the Premises or use or permit the use of the Premises in a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances, (ii) modify or amend any of the Permitted Encumbrances, (iii) impose any restrictive covenants or encumbrances upon the Premises, execute or file any subdivision plat affecting the Premises or consent to the annexation of the Premises to any municipality or (iv) permit or suffer the Premises to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement. (d) Status of the Premises. (i) The Premises is not located in an area identified by the Secretary of Housing and Urban Development or a successor thereto as an area having special flood hazards pursuant to the terms of the National Flood Insurance Act of 1968, or the Flood Disaster Protection Act of 1973, as amended, or any successor law; or if the Premises is located in such an area, Grantor will obtain and maintain insurance against damage or loss by flood on such basis and in such amounts as shall be required by Beneficiary; (ii) the Premises is served by all utilities required for the current use thereof; (iii) all streets necessary to serve the Land, the Leased Land and the Improvements for the current use thereof have been completed and are serviceable and have been dedicated or accepted by the appropriate governmental entities and Grantor has access from public roads to the Land, the Leased Land and the Improvements; and (iv) there is no condemnation or similar proceeding pending or threatened affecting any part of the Premises that might materially adversely affect the Premises. (e)
Zoning; Title Matters. The Mortgagor will not (i) initiate or support any zoning reclassification of the Mortgaged Property, seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances, (ii) modify, amend or supplement any Permitted Encumbrances, (iii) impose any restrictive covenants or encumbrances upon the Mortgaged Property, execute or file any subdivision plat affecting the Mortgaged Property or consent to the annexation of the Mortgaged Property to any municipality or (iv) permit or suffer the Mortgaged Property to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning; Title Matters. The Mortgagor, without the prior consent --------------------- of the Mortgagee, will not (a) initiate or support any zoning reclassification of the Facility, seek any variance under existing zoning ordinances applicable to the Facility or use or permit the use of the Facility in a manner which would result in such use becoming a non conforming use under applicable zoning ordinances, (b) supplement, amend or otherwise modify any of the Permitted Exceptions, (c) impose any restrictive covenants upon the Facility, (d) execute or file any subdivision plat affecting the Facility or consent to the annexation of the Facility to any municipality or (e) permit or suffer the Facility to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning; Title Matters. Grantor will not, without the prior written consent of Beneficiary, (i) initiate or support any zoning reclassification of the Premises, seek any variance under existing zoning ordinances applicable to the Premises or use or permit the use of the Premises in a manner which would result in such use becoming a non- conforming use under applicable zoning ordinances, (ii) modify or amend any of the Permitted Encumbrances, (iii) impose any restrictive covenants or encumbrances upon the Premises, execute or file any subdivision plat affecting the Premises or consent to the annexation of the Premises to any municipality or (iv) permit or suffer the Premises to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement. (d) Status of the Premises. (i) The Premises is not located in an area identified by the Secretary of Housing and Urban Development or a successor thereto as an area having special flood hazards pursuant to the terms of the National Flood Insurance Act of 1968, or the Flood Disaster Protection Act of 1973, as amended, or any successor law; or if the Premises is located in such an area, Grantor will obtain and maintain insurance against damage or loss by flood on such basis and in such amounts as shall be required by Beneficiary; (ii) the 9
