SPECIFYING EACH SUCH DEFAULT OR EVENT OF DEFAULT;
PROVIDED, HOWEVER, THAT IT SHALL BE A CONDITION PRECEDENT TO LENDER'S OBLIGATION
TO DELIVER THE STATEMENT PURSUANT TO THIS SECTION 8.22, THAT LENDER SHALL HAVE
RECEIVED, TOGETHER WITH BORROWER'S REQUEST FOR SUCH STATEMENT, AN OFFICER'S
CERTIFICATE STATING THAT, TO THE KNOWLEDGE OF BORROWER, NO DEFAULT OR EVENT OF
DEFAULT EXISTS AS OF THE DATE OF SUCH CERTIFICATE (OR SPECIFYING SUCH DEFAULT OR
EVENT OF DEFAULT).
SECTION 9.23.
PAYMENT OF EXPENSES. BORROWER SHALL PAY ALL TRANSACTION
COSTS (EXCLUDING ANY TAX LIABILITIES WHICH ARE NOT PAYABLE BY THE BORROWER
PURSUANT TO SECTION 2.10), WHICH SHALL INCLUDE, WITHOUT LIMITATION,
(A) REASONABLE OUT-OF-POCKET COSTS AND EXPENSES OF LENDER IN CONNECTION WITH
(I) THE NEGOTIATION, PREPARATION, EXECUTION AND DELIVERY OF THE LOAN DOCUMENTS
AND THE DOCUMENTS AND INSTRUMENTS REFERRED TO THEREIN; (II) THE CREATION,
PERFECTION OR PROTECTION OF LENDER'S LIENS IN THE COLLATERAL (INCLUDING, WITHOUT
LIMITATION, FEES AND EXPENSES FOR TITLE AND LIEN SEARCHES OR AMENDED OR
REPLACEMENT MORTGAGES, UCC FINANCING STATEMENTS OR COLLATERAL SECURITY
INSTRUMENTS, TITLE INSURANCE PREMIUMS AND FILING AND RECORDING FEES, THIRD PARTY
DUE DILIGENCE EXPENSES FOR THE MORTGAGED PROPERTY PLUS TRAVEL EXPENSES,
ACCOUNTING FIRM FEES, COSTS OF THE APPRAISALS, ENVIRONMENTAL REPORTS (AND AN
ENVIRONMENTAL CONSULTANT), AND THE PROPERTY CONDITION ASSESSMENTS AND COSTS AND
FEES INCURRED IN CONNECTION WITH ARRANGING, SETTING UP, SERVICING AND
MAINTAINING THE ACCOUNT COLLATERAL); (III) THE ADMINISTRATION OF THE LOAN
DOCUMENTS AND THE LOAN AND RESPONSE TO ANY REQUESTS FOR LENDER CONSENT OR
APPROVAL OF ANY MATTER; (IV) THE NEGOTIATION, PREPARATION, EXECUTION AND
DELIVERY OF ANY AMENDMENT, WAIVER, RESTRUCTURING OR CONSENT RELATING TO ANY OF
THE LOAN DOCUMENTS, AND (V) THE PRESERVATION OF RIGHTS UNDER AND ENFORCEMENT OF
THE LOAN DOCUMENTS AND THE DOCUMENTS AND INSTRUMENTS REFERRED TO THEREIN,
INCLUDING ANY COMMUNICATIONS OR DISCUSSIONS RELATING TO ANY ACTION THAT BORROWER
SHALL FROM TIME TO TIME REQUEST LENDER TO TAKE, AS WELL AS ANY RESTRUCTURING OR
RESCHEDULING OF THE INDEBTEDNESS, (B) THE REASONABLE FEES, EXPENSES AND OTHER
CHARGES OF COUNSEL TO LENDER OR ITS SERVICER IN CONNECTION WITH ALL OF THE
FOREGOING, AND (C) LENDER'S REASONABLE OUT-OF-POCKET TRAVEL EXPENSES IN
CONNECTION WITH SITE VISITS TO THE MORTGAGED PROPERTY; PROVIDED, THAT SO LONG AS
AN EVENT OF DEFAULT HAS NOT OCCURRED AND IS NOT CONTINUING, THE BORROWER SHALL
NOT BE OBLIGATED TO PAY FOR LENDER'S TRAVEL EXPENSES IN CONNECTION WITH MORE
THAN ONE SITE VISIT TO EACH INDIVIDUAL MORTGAGED PROPERTY DURING ANY TWELVE
CONSECUTIVE MONTH PERIOD AND LENDER SHALL USE REASONABLE EFFORTS TO MINIMIZE THE
TRANSACTION COSTS PAID BY BORROWER IN CONNECTION WITH SUCH SITE VISITS.
SECTION 9.24.
NON-RECOURSE. ANYTHING CONTAINED HEREIN, IN THE NOTE OR
IN ANY OTHER LOAN DOCUMENT TO THE CONTRARY NOTWITHSTANDING, BUT SUBJECT IN ALL
RESPECT TO PROVISOS (A) THROUGH (E) BELOW, NO RECOURSE SHALL BE HAD FOR THE
PAYMENT OF THE PRINCIPAL OR INTEREST ON THE LOAN OR FOR ANY OTHER INDEBTEDNESS,
OBLIGATION OR LIABILITY HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT OR FOR ANY
CLAIM BASED HEREON OR THEREON OR OTHERWISE IN RESPECT HEREOF OR THEREOF