SHALL NOT CAUSE OR RESULT IN A VIOLATION OF ANY OF THE PROVISIONS OF ANY OF THE
LEASES, AND (IV) THE REMAINING PROPERTY SHALL BE IN COMPLIANCE WITH ALL
APPLICABLE LEGAL REQUIREMENTS;
(E)
BORROWER SHALL PROVIDE LENDER WITH AN
ENDORSEMENT TO LENDER'S TITLE INSURANCE POLICY INSURING THAT THE OUT-PARCEL
RELEASE SHALL NOT ADVERSELY AFFECT OR IMPAIR THE TITLE INSURANCE PROVIDED IN THE
TITLE INSURANCE POLICY AND INSURING THE EASEMENTS REFERENCED IN SECTION 2.4.1(K)
HEREOF;
28
(F)
BORROWER SHALL PROVIDE LENDER WITH SUCH SURVEYS, DESCRIPTIONS,
TITLE INSURANCE ENDORSEMENTS, COMPUTATIONS OF ACREAGE AND OTHER INFORMATION AS
LENDER MAY IN ITS REASONABLE DISCRETION REQUIRE IN CONNECTION WITH THE
OUT-PARCEL RELEASE;
(G)
IF REQUIRED BY ANY LEGAL REQUIREMENT, BORROWER SHALL OBTAIN ALL
SUBDIVISIONS AND ZONING APPROVALS WITH RESPECT TO THE PORTION OF THE PROPERTY
REMAINING SUBJECT TO THE LIEN OF THE MORTGAGE AS MAY BE REASONABLY REQUIRED BY
LENDER TO ENSURE THAT THE PARCEL BEING RELEASED AND THE PORTION OF THE PROPERTY
REMAINING SUBJECT TO THE LIEN OF THE MORTGAGE (THE "REMAINING PARCEL") SHALL BE
INDEPENDENT OF EACH OTHER FOR ALL BUILDING, ZONING, SUBDIVISION AND TAXING
PURPOSES;
(H)
BORROWER SHALL SUBMIT TO LENDER A RELEASE OF LIEN FOR THE
APPLICABLE OUT-PARCEL FOR EXECUTION BY LENDER.
SUCH RELEASE SHALL BE IN A FORM
APPROPRIATE IN THE STATE AND THAT CONTAINS STANDARD PROVISIONS, IF ANY,
PROTECTING THE RIGHTS OF THE RELEASING LENDER;
(I)
LENDER SHALL HAVE RECEIVED EVIDENCE REASONABLY SATISFACTORY TO
LENDER THAT FOLLOWING THE OUT-PARCEL RELEASE, THE PROVISIONS OF SECTION 5.13
SHALL REMAIN TRUE AND CORRECT IN ALL MATERIAL RESPECTS;
(J)
BORROWER HAS COMPLIED WITH ANY REQUIREMENTS APPLICABLE TO SUCH
RELEASE OF THE OUT-PARCEL CONTAINED IN ANY OF THE LEASES, RECIPROCAL EASEMENT
AGREEMENTS, OPERATING AGREEMENTS, PARKING AGREEMENTS OR OTHER SIMILAR AGREEMENTS
AFFECTING THE PROPERTY AND THE RELEASE DOES NOT VIOLATE ANY OF THE PROVISIONS OF
SUCH DOCUMENTS IN ANY RESPECT THAT WOULD RESULT IN A TERMINATION (OR GIVE ANY
OTHER PARTY THERETO THE RIGHT TO TERMINATE), OR EXTINGUISHMENT OR OTHER LOSS OF
MATERIAL RIGHTS OF BORROWER OR IN A MATERIAL INCREASE IN BORROWER'S OBLIGATIONS
UNDER SUCH DOCUMENTS;
(K)
BORROWER SHALL DELIVER TO LENDER COPIES OF EACH PROPOSED PERMANENT
EASEMENT, CROSS EASEMENT AND MUTUAL OR NON-EXCLUSIVE EASEMENT FOR INGRESS,
EGRESS, ACCESS, PEDESTRIAN WALKWAYS, PARKING, TRAFFIC FLOW, UTILITIES AND
SERVICES BEING SHARED BY THE PORTION OF THE PROPERTY BEING RELEASED AND THE
PORTION OF THE PROPERTY REMAINING SUBJECT TO THE LIEN OF THE MORTGAGE WHICH MAY
BE REQUIRED BY ANY GOVERNMENTAL AUTHORITY OR WHICH ARE NECESSARY FOR THE
OPERATION OF SUCH PARCELS, ALL OF WHICH ARE SUBJECT TO LENDER'S REASONABLE
APPROVAL;
(L)
BORROWER SHALL PAY ALL OF LENDER'S REASONABLE COSTS AND EXPENSES,
INCLUDING REASONABLE COUNSEL FEES AND DISBURSEMENTS INCURRED IN CONNECTION WITH
THE OUT-PARCEL RELEASE FROM THE LIEN OF THE MORTGAGE, THE REVIEW AND APPROVAL OF
THE DOCUMENTS AND INFORMATION REQUIRED TO BE DELIVERED IN CONNECTION THEREWITH
AND ALL RECORDING FEES AND TITLE CHARGES;
(M)
BORROWER SHALL PROVIDE LENDER WITH A CERTIFICATE CERTIFYING THE
REQUIREMENTS SET FORTH IN THIS SECTION 2.4.1 HAVE BEEN SATISFIED;
(N)
IF