Laserfiche WebLink
23. Use of Mortgaged Property. Mortgagor will maintain,preserve and renew <br /> from time to time such rights of way, easements, grants, privileges, licenses and franchises as <br /> are necessary for the use and operation of the Mortgaged Property in the manner heretofore used <br /> and operated, and will not use or operate, or permit the use or operation of, the mortgaged <br /> Property for any other purpose(other than incidental uses related to such primary use), initiate, <br /> join in or consent to any new private restrictive covenant (apart from any permitted <br /> encumbrance) easement or other public or private restrictions to the use of the Mortgaged <br /> Property, without the prior written consent in each instance of Mortgagee, which may be <br /> withheld in its reasonable discretion. Mortgagor shall,however, comply in all material respects <br /> with all lawful and restrictive covenants which may at any time affect the Mortgaged Property <br /> and with zoning ordinances and other private or public restrictions as to the use thereof. <br /> Mortgagor will not cause or maintain any nuisance in, at or on the Mortgaged Property. <br /> Mortgagor will pay or cause to be paid all charges for all public and private utility services, all <br /> public or private rail and highway services(if any),all public or private communications services <br /> and all sprinkler systems and protective services(if any)at any time rendered to or in connection <br /> with the Mortgaged Property or any part thereof, will comply in all material respects or use <br /> reasonable efforts to cause compliance with all contracts relating to any such services, and will <br /> do all other things required for the maintenance and continuance of all such services. <br /> 24. Maintenance of Mortgaged Property. Mortgagor shall maintain the <br /> Mortgaged Property, including all streets, sidewalks and curbs comprising same, in good repair <br /> and condition, and will continuously(other than during periods of repair after major casualty or <br /> substantial condemnation, with respect to the portions of the Mortgaged Property damaged or <br /> condemned)operate the Mortgaged Property in the manner and for the purposes heretofore used <br /> and, at its sole cost and expense, will make or cause to be made, as and when the same shall <br /> become necessary, all structural and non-structural, exterior and interior, ordinary or <br /> extraordinary,foreseen and unforeseen repairs,renewals and replacements necessary to that end <br /> and upon being apprised of any material defect in the repair or condition of the Mortgaged <br /> Property,will repair or cure, or cause to be repaired or cured,such defect, in each case at its own <br /> expense and with due diligence. All such repairs, renewals and replacements shall be at lease <br /> substantially equal in quality to the original Improvements. <br /> 25. Alterations. Mortgagor shall give Mortgagee notice of, and a copy of any <br /> plans prepared for any alteration which is reasonably estimated to cost $150,000 (the <br /> "Alteration Threshold") (inclusive of architectural and engineering fees) or is structural. So <br /> long as no Event of Default shall have occurred and be continuing hereunder, Mortgagor shall <br /> have the right at any time and from time to time to make or cause to be made reasonable <br /> alterations of an additions to the Mortgaged Property or any part thereof, provided that any <br /> alteration or addition (i) shall not change the general character of the Mortgaged Property, or <br /> reduce the fair market value thereof below its fair market value immediately before such <br /> alteration or addition,or otherwise materially alter the overall quality of the Mortgaged Property, <br /> 15 <br />