Common use of CARE AND USE OF THE PROPERTY Clause in Contracts

CARE AND USE OF THE PROPERTY. (a) Grantor, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor shall abstain from, and not permit, the commission of waste in or about the Property and, except as may be permitted in Section 8.7B of the Loan Agreement, shall not remove or demolish, or alter in any substantial manner, the structure or character of any Improvements without the prior written consent of Beneficiary. (b) Grantor shall at all times comply with all present or future Requirements affecting or relating or pertaining in any way to the Property and/or the use, operation and/or the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. (c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property. (d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report. (e) Grantor shall use, or cause to be used, the Property continuously as and for first class property of its type and kind at the time of the execution of this Deed of Trust. Grantor shall not use, or permit the use of, the Property for any other use without the prior written consent of Beneficiary. (f) Grantor shall not initiate or acquiesce in a change in the zoning classification of and/or restrictive covenants affecting the Property or seek any variance under existing zoning ordinances applicable to the Property or use or permit the use of the Property in such a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances or other applicable laws, ordinances, rules or regulations or subject the Property to restrictive covenants without Beneficiary's prior written consent.

CARE AND USE OF THE PROPERTY. (a) GrantorMortgagor represents, warrants, and covenants as follows: (i) Intentionally omitted; (ii) Mortgagor shall at all times comply in all material respects with all present or future Requirements (including, without limitation, Prescribed Laws) affecting or relating to Mortgagor, the Property and/or the Use, and shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose. (iii) Mortgagor, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor . (iv) Mortgagor shall abstain from, and not permit, the commission of physical waste in or about to the Property and, except subject to the rights of Macy’s Retail Holdings, Inc.; Neiman Marcus Group, LLC; Nordstrom, Inc.; Saks & Company Real Property LLC; and Bloomingdale’s, Inc., as may be permitted in Section 8.7B tenant, under their respective leases of portions of the Loan AgreementReal Property, (A) prior to a Securitization, shall obtain Mortgagee’s prior written consent (which consent, provided no Event of Default is continuing, shall not remove be unreasonably withheld or demolishdelayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Mortgagor’s financial condition or alter the use, operation or value (including the net operating income) of the Property, (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any substantial mannerImprovements or (III) the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate (other than such amounts to be paid or reimbursed by tenants under the Leases) at any time exceeds $50,000,000.00 (the “Threshold Amount”) or (B) after a Securitization, the structure or character of any Improvements without the shall obtain Mortgagee’s prior written consent (which consent, provided no Event of BeneficiaryDefault is continuing, shall not be unreasonably withheld or delayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Mortgagor’s financial condition or the use, operation or value (including the net operating income) of the Property or (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any Improvements. If the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate shall exceed the Threshold Amount, Mortgagor shall promptly deliver to Mortgagee and maintain as security for the payment of such amounts and as additional security for Mortgagor’s obligations under the Loan Documents any of the following: (w) Cash, (x) U.S. Obligations, (y) other securities (of a type that a REMIC Trust is permitted to hold and foreclose upon) having a rating, if prior to Securitization, acceptable to Mortgagee or, after a Securitization has occurred, regarding which the Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned in connection with such Securitization or (z) a completion bond or Letter of Credit, in either case, issued by a financial institution having the Required Rating. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to such alteration (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and, if Mortgagor has not timely paid for the costs and expenses of the alteration, applied from time to time at the option of Mortgagee to pay for such alteration or to terminate the alteration and restore the Property to the extent necessary to prevent any material adverse effect on the use, operation or value (including the net operating income) of the Property. (v) Mortgagor represents and warrants that the zoning approval for the Property is not dependent upon the ownership or use of any property which is not encumbered by the Mortgage. (b) Grantor Mortgagee shall have the right, at all times comply with all present or future Requirements affecting or relating or pertaining in any way time and from time to time during normal business hours and upon reasonable prior notice, to enter the Property and/or in order to ascertain Mortgagor’s compliance with the useLoan Documents and the Unsecured Indemnity Agreement, operation and/or to examine the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use condition of the Property, to perform an appraisal, to undertake surveying or any part thereofengineering work, and to inspect premises occupied by tenants subject to the rights of tenants under their leases. Mortgagor shall reasonably cooperate with Mortgagee performing these inspections. Mortgagee shall reimburse Mortgagor for any illegal purposelosses or damages caused by such inspections. (c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property. (d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report. (e) Grantor Mortgagor shall use, or cause to be used, the Property continuously as and for first class property of its type and kind (subject to any disruption due to any casualty at the time of Property) for the execution of this Deed of TrustUse. Grantor Mortgagor shall not use, or knowingly permit the use of, the Property for any other use without the prior written consent of BeneficiaryMortgagee. Mortgagor shall not file or record a declaration of condominium, master deed of trust or mortgage or any other similar document evidencing the imposition of a so‑called “condominium regime” whether superior or subordinate to this Mortgage and Mortgagor shall not permit any part of the Property to be converted to, or operated as, a “cooperative apartment house” whereby the tenants or occupants participate in the ownership, management or control of any part of the Property. (fd) Grantor Without the prior written consent of Mortgagee, Mortgagor shall not (i) initiate or acquiesce in a change in the zoning classification of of, and/or restrictive covenants affecting the Property or seek any variance under under, existing zoning ordinances applicable to which would materially adversely affect the Property or value of the Property, (ii) use or permit the use of the Property in such a manner which would may result in such use the Use becoming a non-conforming non‑conforming use under applicable zoning ordinances or other applicable laws, ordinances, rules or regulations or (iii) subject the Property to restrictive covenants without Beneficiary's prior written consentthat may impair the lien of this Mortgage or materially impair the value of the Property.

CARE AND USE OF THE PROPERTY. (a) GrantorBorrower represents, warrants, and covenants as follows: (i) Intentionally omitted; (ii) Borrower shall at all times comply in all material respects with all present or future Requirements (including, without limitation, Prescribed Laws) affecting or relating to Borrower, the Property and/or the Use, and shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose. (iii) Borrower, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor . (iv) Borrower shall abstain from, and not permit, the commission of physical waste in or about to the Property and, except subject to the rights of Macy’s West Stores, Inc.; The Neiman Marcus Group LLC; and Nordstrom, Inc., as may be permitted in Section 8.7B tenant, under their respective leases of portions of the Loan AgreementReal Property, (A) prior to a Securitization, shall obtain Lender’s prior written consent (which consent, provided no Event of Default is continuing, shall not remove be unreasonably withheld or demolishdelayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Borrower’s financial condition or alter the use, operation or value (including the net operating income) of the Property, (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any substantial mannerImprovements or (III) the total estimated cost to Borrower of such alterations (when added to the total estimated costs to Borrower of all other alterations then being conducted at the Property) in the aggregate (other than such amounts to be paid or reimbursed by tenants under the Leases) at any time exceeds $27,500,000.00 (the “Threshold Amount”) or (B) after a Securitization, the structure or character of any Improvements without the shall obtain Lender’s prior written consent (which consent, provided no Event of BeneficiaryDefault is continuing, shall not be unreasonably withheld or delayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Borrower’s financial condition or the use, operation or value (including the net operating income) of the Property or (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any Improvements. If the total estimated cost to Borrower of such alterations (when added to the total estimated costs to Borrower of all other alterations then being conducted at the Property) in the aggregate shall exceed the Threshold Amount, Borrower shall promptly deliver to Lender and maintain as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (w) Cash, (x) U.S. Obligations, (y) other securities (of a type that a REMIC Trust is permitted to hold and foreclose upon) having a rating, if prior to Securitization, acceptable to Lender or, after a Securitization has occurred, regarding which the Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned in connection with such Securitization or (z) a completion bond or Letter of Credit, in either case, issued by a financial institution having the Required Rating. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to such alteration (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and, if Borrower has not timely paid for the costs and expenses of the alteration, applied from time to time at the option of Lender to pay for such alteration or to terminate the alteration and restore the Property to the extent necessary to prevent any material adverse effect on the use, operation or value (including the net operating income) of the Property. (v) Borrower represents and warrants that the zoning approval for the Property is not dependent upon the ownership or use of any property which is not encumbered by the Security Instrument. (b) Grantor Lender shall have the right, at all times comply with all present or future Requirements affecting or relating or pertaining in any way time and from time to time during normal business hours and upon reasonable prior notice, to enter the Property and/or in order to ascertain Borrower’s compliance with the useLoan Documents and the Unsecured Indemnity Agreement, operation and/or to examine the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use condition of the Property, to perform an appraisal, to undertake surveying or any part thereofengineering work, and to inspect premises occupied by tenants subject to the rights of tenants under their leases. Borrower shall reasonably cooperate with Lender performing these inspections. Lender shall reimburse Borrower for any illegal purposelosses or damages caused by such inspections. (c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property. (d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report. (e) Grantor Borrower shall use, or cause to be used, the Property continuously as and for first class property of its type and kind (subject to any disruption due to any casualty at the time of Property) for the execution of this Deed of TrustUse. Grantor Borrower shall not use, or knowingly permit the use of, the Property for any other use without the prior written consent of BeneficiaryLender. Borrower shall not file or record a declaration of condominium, master deed of trust or mortgage or any other similar document evidencing the imposition of a so‑called “condominium regime” whether superior or subordinate to this Security Instrument and Borrower shall not permit any part of the Property to be converted to, or operated as, a “cooperative apartment house” whereby the tenants or occupants participate in the ownership, management or control of any part of the Property. (fd) Grantor Without the prior written consent of Lender, Borrower shall not (i) initiate or acquiesce in a change in the zoning classification of of, and/or restrictive covenants affecting the Property or seek any variance under under, existing zoning ordinances applicable to which would materially adversely affect the Property or value of the Property, (ii) use or permit the use of the Property in such a manner which would may result in such use the Use becoming a non-conforming non‑conforming use under applicable zoning ordinances or other applicable laws, ordinances, rules or regulations or (iii) subject the Property to restrictive covenants without Beneficiary's prior written consentthat may impair the lien of this Security Instrument or materially impair the value of the Property.

CARE AND USE OF THE PROPERTY. (a) GrantorMortgagor represents, warrants, and covenants as follows: (i) Intentionally omitted; (ii) Mortgagor shall at all times comply in all material respects with all present or future Requirements (including, without limitation, Prescribed Laws) affecting or relating to Mortgagor, the Property and/or the Use, and shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose. (iii) Mortgagor, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor . (iv) Mortgagor shall abstain from, and not permit, the commission of physical waste in or about to the Property and, except subject to the rights of Neiman Marcus Group, Inc.; Nordstrom, Inc.; Saks & Company; A & S Real Estate, Inc.; and Bloomingdale’s Real Estate, Inc., as may be permitted in Section 8.7B tenant, under their respective leases of portions of the Loan AgreementReal Property, (A) prior to a Securitization, shall not remove or demolish, or alter in any substantial manner, the structure or character of any Improvements (except for tenant improvements) without the prior written consent of BeneficiaryMortgagee or (B) after a Securitization, shall obtain Mortgagee’s prior written consent (which consent, provided no Event of Default is continuing, shall not be unreasonably withheld or delayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Mortgagor’s financial condition or the use, operation or value (including the net operating income) of the Property, (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any Improvements or (III) the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate (other than such amounts to be paid or reimbursed by tenants under the Leases) at any time exceeds $25,000,000.00 (the “Threshold Amount”). If the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate shall exceed the Threshold Amount, Mortgagor shall promptly deliver to Mortgagee and maintain as security for the payment of such amounts and as additional security for Mortgagor’s obligations under the Loan Documents any of the following: (w) Cash, (x) U.S. Obligations, (y) other securities (of a type that a REMIC Trust is permitted to hold and foreclose upon) having a rating, if prior to Securitization, acceptable to Mortgagee or, after a Securitization has occurred, regarding which the Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned in connection with such Securitization or (z) a completion bond or Letter of Credit, in either case, issued by a financial institution having the Required Rating. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to such alteration (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and, if Mortgagor has not timely paid for the costs and expenses of the alteration, applied from time to time at the option of Mortgagee to pay for such alteration or to terminate the alteration and restore the Property to the extent necessary to prevent any material adverse effect on the use, operation or value (including the net operating income) of the Property. (v) Mortgagor represents and warrants that the zoning approval for the Property is not dependent upon the ownership or use of any property which is not encumbered by the Mortgage. (b) Grantor Mortgagee shall have the right, at all times comply with all present or future Requirements affecting or relating or pertaining in any way time and from time to time during normal business hours and upon reasonable prior notice, to enter the Property and/or in order to ascertain Mortgagor’s compliance with the useLoan Documents and the Unsecured Indemnity Agreement, operation and/or to examine the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use condition of the Property, to perform an appraisal, to undertake surveying or any part thereofengineering work, and to inspect premises occupied by tenants subject to the rights of tenants under their leases. Mortgagor shall reasonably cooperate with Mortgagee performing these inspections. Mortgagee shall reimburse Mortgagor for any illegal purposelosses or damages caused by such inspections. (c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property. (d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report. (e) Grantor Mortgagor shall use, or cause to be used, the Property continuously as and for first class property of its type and kind (subject to any disruption due to any casualty at the time of Property) for the execution of this Deed of TrustUse. Grantor Mortgagor shall not use, or knowingly permit the use of, the Property for any other use without the prior written consent of BeneficiaryMortgagee. To the extent the Property is used as a residential apartment complex, (i) Mortgagor shall not file or record a declaration of condominium, master deed of trust or mortgage or any other similar document evidencing the imposition of a so-called “condominium regime” whether superior or subordinate to this Mortgage and (ii) Mortgagor shall not permit any part of the Property to be converted to, or operated as, a “cooperative apartment house” whereby the tenants or occupants participate in the ownership, management or control of any part of the Property. (fd) Grantor Without the prior written consent of Mortgagee, Mortgagor shall not (i) initiate or acquiesce in a change in the zoning classification of of, and/or restrictive covenants affecting the Property or seek any variance under under, existing zoning ordinances applicable to which would materially adversely affect the Property or value of the Property, (ii) use or permit the use of the Property in such a manner which would may result in such use the Use becoming a non-conforming use under applicable zoning ordinances or other applicable laws, ordinances, rules or regulations or (iii) subject the Property to restrictive covenants without Beneficiary's prior written consentthat may impair the lien of this Mortgage or materially impair the value of the Property.

CARE AND USE OF THE PROPERTY. (a) GrantorMortgagor represents, warrants, and covenants as follows: (i) Intentionally Omitted; (ii) Mortgagor shall at all times comply in all material respects with all present or future Requirements (including, without limitation, Prescribed Laws) affecting or relating to Mortgagor, the Property and/or the Use, and shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose. (iii) Mortgagor, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor . (iv) Mortgagor shall abstain from, and not permit, the commission of physical waste in or about to the Property and, except as may be permitted in Section 8.7B subject to the rights of the Loan AgreementAnchor Tenants, under their respective leases of portions of the Real Property, (A) prior to a Securitization, shall not remove or demolish, or alter in any substantial manner, the structure or character of any Improvements (except for tenant improvements) without the prior written consent of BeneficiaryMortgagee or (B) after a Securitization, shall obtain Mortgagee’s prior written consent (which consent, provided no Event of Default is continuing, shall not be unreasonably withheld or delayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Mortgagor’s financial condition or the use, operation or value (including the net operating income) of the Property, (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any Improvements or (III) the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate (other than such amounts to be paid or reimbursed by tenants under the Leases) at any time exceeds $25,000,000.00 (the “Threshold Amount”). If the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate shall exceed the Threshold Amount, Mortgagor shall promptly deliver to Mortgagee and maintain as security for the payment of such amounts and as additional security for Mortgagor’s obligations under the Loan Documents any of the following: (w) Cash, (x) U.S. Obligations, (y) other securities (of a type that a REMIC Trust is permitted to hold and foreclose upon) having a rating, if prior to Securitization, acceptable to Mortgagee or, after a Securitization has occurred, regarding which the Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned in connection with such Securitization or (z) a completion bond or Letter of Credit, in either case, issued by a financial institution having the Required Rating. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to such alteration (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and, if Mortgagor has not timely paid for the costs and expenses of the alteration, applied from time to time at the option of Mortgagee to pay for such alteration or to terminate the alteration and restore the Property to the extent necessary to prevent any material adverse effect on the use, operation or value (including the net operating income) of the Property. (v) Mortgagor represents and warrants that the zoning approval for the Property is not dependent upon the ownership or use of any property which is not encumbered by the Mortgage. (b) Grantor Mortgagee shall have the right, at all times comply with all present or future Requirements affecting or relating or pertaining in any way time and from time to time during normal business hours and upon reasonable prior notice, to enter the Property and/or in order to ascertain Mortgagor’s compliance with the useLoan Documents and the Unsecured Indemnity Agreement, operation and/or to examine the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use condition of the Property, to perform an appraisal, to undertake surveying or any part thereofengineering work, and to inspect premises occupied by tenants subject to the rights of tenants under their leases. Mortgagor shall reasonably cooperate with Mortgagee performing these inspections. Mortgagee shall reimburse Mortgagor for any illegal purposelosses or damages caused by such inspections. (c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property. (d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report. (e) Grantor Mortgagor shall use, or cause to be used, the Property continuously as and for first class property of its type and kind (subject to any disruption due to any casualty at the time of Property) for the execution of this Deed of TrustUse. Grantor Mortgagor shall not use, or knowingly permit the use of, the Property for any other use without the prior written consent of Beneficiary. (f) Grantor Mortgagee. Mortgagor shall not initiate file or acquiesce in record a change in declaration of condominium, master deed of trust or mortgage or any other similar document evidencing the zoning classification imposition of and/or restrictive covenants affecting the Property a so-called “condominium regime” whether superior or seek subordinate to this Mortgage and Mortgagor shall not permit any variance under existing zoning ordinances applicable to the Property or use or permit the use part of the Property to be converted to, or operated as, a “cooperative apartment house” whereby the tenants or occupants participate in such a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances the ownership, management or other applicable laws, ordinances, rules or regulations or subject control of any part of the Property to restrictive covenants without Beneficiary's prior written consentProperty.