Leases. This Declaration is intended to be binding upon all lessees and tenants of any Lot, or portion thereof. To ensure the binding effect on tenants and lessees, each Owner agrees, by acceptance of the deed or ground lease by which such Owner acquired title or a leasehold interest in a Lot, not to rent or lease all or any portion of such Owner’s Lot to any person, partnership, corporation, trust, or any other entity except pursuant to a written lease or rental agreement expressly referring to this Declaration pursuant to which # the lessee or tenant accepts the leasehold estate subject to this Declaration, and # the lessee or tenant agrees to perform and comply with the restrictions herein or to permit entry and other actions by the lessor for the purpose of performing and complying with these restrictions.

Leases. Mortgagor shall not # execute an assignment or pledge of the Rents and/or the Leases other than in favor of Mortgagee; # accept any prepayment of an installment of any Rents prior to the due date of such installment in excess of 30 days in advance; or # except in the ordinary course of Mortgagor's business (which shall include customary rental arrangements relating to the hotel and banquet facilities operated on the Mortgaged Property) enter into any lease; or # amend any of the material terms of any of the Leases without Mortgagee's prior written consent, which consent shall not be withheld if to do so would be detrimental to the Project or the Mortgagor.

Leases. All grocer Leases shall be in full force and effect, there shall exist no monetary default or material non monetary default, including, without limitation, any circumstance which could give rise to a termination of the Lease.

Leases. There are no facts or circumstances with respect to Seller, or to Seller’s knowledge with respect to any tenant, which would cause the Leases not to be in full force and effect. Except as expressly set forth in the Leases and to Seller’s knowledge, there are no options to terminate, renew, expand, nor are there any unpaid or outstanding rent concessions, deferred rent, tenant improvement allowances, leasing commissions or other monetary considerations given to the tenants or owed or for which Purchaser would be liable after Closing. Except as set forth on [Schedule 9], all rental and other payments due under the Leases as of the date hereof have been paid in full. To Seller’s knowledge, there is no pending landlord work or obligations to complete any work under any of the Leases.

Leases. Borrower shall not enter into any lease of real or personal property as the lessee, or become or remain liable in any way whether by assignment, as guaranty or other surety, if the aggregate amount of all payments due under such lease and all other leases of Borrower then in effect would exceed $250,000.00 in any fiscal year.

Leases. All of the landlord’s right, title and interest in and to the tenant leases listed in Exhibit B attached hereto (“Leases”) and all guarantees thereof;

Leases. [Exhibit B] attached hereto is a true, correct and complete schedule of all mineral rights leases.

Leases. All of Seller's right, title and interest in all leases of the Real Property (other than License Agreements), including leases which may be made by Seller after the Effective Date and prior to Closing as permitted by this Agreement (the "Leases").

Leases. Seller is the landlord under the Leases. Except as set forth in Exhibit C, there are no other leases or occupancy agreements to which Seller is a party affecting the Property and Exhibit C contains a true, correct and complete list of all documents constituting the Leases. The copies of the Leases delivered by Seller to Purchaser are true, correct and complete copies. Except as otherwise set forth in the Leases, to Seller’s knowledge, no presently effective rent concessions have been given to any Tenants and no rent has been paid in advance by any Tenants respecting a period subsequent to the Closing. No Tenants have asserted in writing any claims, defenses or offsets to rent accruing from and after the Closing Date. To Seller’s knowledge, except as disclosed in writing by Seller to Purchaser, no material default, delinquency or breach exists on the part of any tenant under the Leases. There are no material defaults or breaches on the part of the landlord under any Lease. Notwithstanding anything to the contrary contained in this Agreement, Seller does not represent or warrant that any particular Lease shall be in force or effect at Closing or that the tenants under the Leases shall have performed their obligations thereunder. The termination of any Lease prior to Closing with Purchaser’s prior written consent by reason of the tenant’s default shall not affect the obligations of Purchaser under this Agreement in any manner or entitle Purchaser to an abatement of or credit against the Purchase Price or give rise to any other claim on the part of Purchaser.

Leases. The Borrower will deliver to the Administrative Agent copies of all leases (or other agreements relating to possessory interests, if any) affecting such Mortgaged Property