Common use of Property Inspections Clause in Contracts

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations), and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e); promptly after receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protection.

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases, other than the Master Lease): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations), and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e); promptly after Borrower’s or Master ▇▇▇▇▇▇’s receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant (including Master Lessee) necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower or Master Lessee will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower or Master Lessee (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protection.

Property Inspections. Borrower and Affiliated Property Operator shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases, other than Property Operator under the Seniors Housing Facility Lease): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Mortgaged Property Compliance with Laws. Borrower and Affiliated Property Operator shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations), and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e); promptly after Borrower’s or Property Operator’s receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant (including Master Lessee) necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower or Property Operator will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower or Property Operator (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protection.

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations), and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e6.2(jjj); promptly after receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; and cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for . Mortgage Loan Administration Matters Regarding the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protectionProperty.

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases, other than the Master Lease): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations), and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e); promptly after Borrower’s or Master Lessee’s receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express irrevocable waivers from each tenant (including Master Lessee) necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protection.

Property Inspections. Borrower and Affiliated Property Operator shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases, other than the Property Operator under the Seniors Housing Facility Lease): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Mortgaged Property Compliance with Laws. Borrower and Affiliated Property Operator shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations)housing, and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e6.2(ppp); and promptly after Borrower’s or Property Operator’s receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by ▇▇▇▇▇▇ under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal property and flood protection.

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations)housing, and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e6.2(jjj); and promptly after receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court. Mortgage Loan Administration Matters Regarding the Property. Property Management. From and after the Effective Date, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained each property manager and each property management agreement must be approved by ▇▇▇▇▇▇ under any of the other Loan Documents andLender. If, in connection therewithwith the making of the Mortgage Loan, permit or at any later date, Lender waives in writing the requirement that Borrower enter into a written contract for management of the Mortgaged Property, and Borrower later elects to enter into a written contract or change the management of the Mortgaged Property, such new property manager or the property management agreement must be approved by Lender. As a condition to any approval by Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and may require that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal and such new property and flood protectionmanager enter into a collateral assignment of the property management agreement on a form approved by Lender.

Property Inspections. Borrower shall: permit Lender, its agents, representatives, and designees to enter upon and inspect the Mortgaged Property (including in connection with any Replacement, Repair, or Restoration, or to conduct any Environmental Inspection pursuant to the Environmental Indemnity Agreement), and shall cooperate and provide access to all areas of the Mortgaged Property (subject to the rights of tenants under the Leases): during normal business hours; at such other reasonable time upon reasonable notice of not less than one (1) Business Day; at any time when exigent circumstances exist; or at any time after an Event of Default has occurred and is continuing; and pay for reasonable costs or expenses incurred by Lender or its agents in connection with any such inspections. Compliance with Laws. Borrower shall: comply with all laws, ordinances, statutes, rules, and regulations of any Governmental Authority and all recorded lawful covenants and agreements relating to or affecting the Mortgaged Property, including all laws, ordinances, statutes, rules and regulations, and covenants pertaining to construction of improvements on the Land, fair housing (including all applicable source of income laws, ordinances, statutes, rules and regulations)housing, and requirements for equal opportunity, anti-discrimination, and Leases; procure and maintain all required permits, licenses, charters, registrations, and certificates necessary to comply with all zoning and land use statutes, laws, ordinances, rules and regulations, and all applicable health, fire, safety, and building codes and for the lawful use and operation of the Mortgaged Property, including certificates of occupancy, apartment licenses, or the equivalent; comply with all applicable laws that pertain to the maintenance and disposition of tenant security deposits; at all times maintain records sufficient to demonstrate compliance with the provisions of this Section 6.02(e6.2(lll); and promptly after receipt or notification thereof, provide Lender copies of any building code or zoning violation from any Governmental Authority with respect to the Mortgaged Property; cooperate fully with Lender with respect to any proceedings before any court. Mortgage Loan Administration Matters Regarding the Property. Property Management. From and after the Effective Date, board, or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained each property manager and each property management agreement must be approved by ▇▇▇▇▇▇ under any of the other Loan Documents andLender. If, in connection therewithwith the making of the Mortgage Loan, permit or at any later date, Lender waives in writing the requirement that Borrower enter into a written contract for management of the Mortgaged Property, and Borrower later elects to enter into a written contract or change the management of the Mortgaged Property, such new property manager or the property management agreement must be approved by Lender. As a condition to any approval by Lender, at its election, to participate in any such proceedings; and procure and maintain all required rights, permissions, consents, and express waivers from each tenant necessary to comply with all applicable privacy laws, to provide such tenant’s personal data (including similar terms under applicable law) to Lender, sufficient to permit Lender to lawfully use and process such personal data for the purposes of servicing, enforcement, evaluation, reporting, auditing, loan selling or purchasing, securitization, compliance and risk analysis and assessments, and any other purpose identified in the Lender’s privacy notice as amended from time to time. Flood Zone. If the Mortgaged Property is or becomes located in a FEMA designated SFHA, Borrower will provide each new tenant or newly affected tenant with written notification that each such tenant’s unit is located in a FEMA designated SFHA and may require that Borrower (as landlord) recommends tenant obtain renter’s insurance providing personal and such new property and flood protectionmanager enter into a collateral assignment of the property management agreement on a form approved by Lender.