ISSUED BY APPLICABLE
GOVERNMENTAL AUTHORITIES, WHICH CERTIFICATES AND PERMITS ALLOW THE TENANT TO
OPEN FOR BUSINESS AS CONTEMPLATED UNDER SUCH LEASE;
(F)
WITH RESPECT TO A FINAL ADVANCE TO PAY
FOR TENANT IMPROVEMENTS AND IS RELATIVE TO AN APPROVED LEASE, BORROWER SHALL
PROVIDE LENDER WITH (1) AN ORIGINAL ESTOPPEL CERTIFICATE EXECUTED BY THE TENANT
UNDER THE APPROVED LEASE FOR WHICH SUCH REQUEST RELATES, STATING THAT SUCH
TENANT HAS ACCEPTED THE TENANT IMPROVEMENTS, AND THAT, TO SUCH TENANT'S
KNOWLEDGE, THERE ARE NO DEFAULTS UNDER SUCH LEASE (NOR DOES THERE EXIST ANY
EVENT OR CONDITIONS, WHICH WITH THE PASSAGE OF TIME OR THE GIVING OF NOTICE, OR
BOTH, COULD RESULT IN SUCH A DEFAULT) AND FOR TENANT'S OBLIGATION FOR PAYMENT OF
RENT BY THE TENANT UNDER THE TERMS AND CONDITIONS OF THE APPROVED LEASE, AND
(2) IF REQUIRED BY LENDER, AN ORIGINAL SUBORDINATION, NON-DISTURBANCE AND
ATTORNMENT AGREEMENT IN FORM REASONABLY ACCEPTABLE TO LENDER EXECUTED BY THE
TENANT UNDER THE APPROVED LEASE IN FAVOR OF LENDER;
(G)
WITH RESPECT TO AN ADVANCE TO PAY ANY
PORTION OF THE LEASING COMMISSIONS, BORROWER SHALL PROVIDE EVIDENCE AS
REASONABLY REQUESTED BY LENDER THAT SUCH LEASING COMMISSIONS ARE THEN DUE AND
PAYABLE OR HAVE BEEN PROPERLY PAID, AND SUCH ADDITIONAL DOCUMENTS, CERTIFICATES
AND AFFIDAVITS AS LENDER MAY REASONABLY REQUEST;
(H)
NOTWITHSTANDING ANY PROVISION TO THE
CONTRARY, LOAN PROCEEDS DISBURSED WITH RESPECT TO ANY APPROVED LEASE (I) FOR
TENANT IMPROVEMENTS SHALL BE AN AMOUNT NOT
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TO EXCEED, UNDER ANY CIRCUMSTANCES, THE REASONABLE COSTS AND EXPENSES ACTUALLY
INCURRED BY BORROWER; AND (II) FOR LEASING COMMISSIONS SHALL BE AN AMOUNT NOT TO
EXCEED, UNDER ANY CIRCUMSTANCES, THE COMMISSION ACTUALLY INCURRED BY BORROWER
WHICH IS REASONABLE AND CUSTOMARY FOR A LICENSED REAL ESTATE BROKER IN THE
MARKET AREA IN WHICH THE MORTGAGED PROPERTY IS LOCATED;
(I)
WITH RESPECT TO AN ADVANCE TO PAY FOR
TENANT IMPROVEMENTS, BORROWER SHALL CONSTRUCT AND COMPLETE ALL TENANT
IMPROVEMENTS IN ACCORDANCE WITH THE APPROVED LEASES TO WHICH THEY RELATE.
BORROWER OR TENANT SHALL PAY FOR AND OBTAIN OR CAUSE TO BE PAID FOR AND OBTAINED
ALL PERMITS, LICENSES AND APPROVALS REQUIRED BY ALL APPLICABLE LAWS WITH REGARD
TO THE TENANT IMPROVEMENTS, WHETHER NECESSARY FOR COMMENCEMENT, COMPLETION, USE
OR OTHERWISE;
(J)
WITH RESPECT TO AN ADVANCE TO PAY FOR
CAPITAL EXPENDITURES OR TENANT IMPROVEMENTS, BORROWER SHALL PERFORM OR CAUSE TO
BE PERFORMED ALL WORK IN CONNECTION WITH THE IMPROVEMENTS OR TENANT IMPROVEMENTS
IN A GOOD AND WORKMANLIKE MANNER, IN COMPLIANCE WITH ALL APPLICABLE LAWS
(INCLUDING, WITHOUT LIMITATION, ANY AND ALL APPLICABLE LIFE SAFETY LAWS,
ENVIRONMENTAL LAWS AND LAWS FOR THE HANDICAPPED AND/OR DISABLED) AND, WITH
RESPECT ONLY TO THOSE LEASES REQUIRING LENDER APPROVAL, WITH THE PLANS APPROVED
(IN WRITING) BY LENDER COVERING TENANT IMPROVEMENTS EXCEEDING AN AGGREGATE
AMOUNT GREATER THAN TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00),
WHICH PERFORMANCE BY BORROWER SHALL BE WITHOUT REGARD TO THE SUFFICIENCY OF THE
AMOUNT OF THE PROCEEDS OF THE LOAN AVAILABLE AND ALLOCATED FOR TENANT
IMPROVEMENT AND LEASING COMMISSIONS;
(K)
WITH RESPECT TO AN ADVANCE FOR CAPITAL