DOCUMENTS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN BORROWER AND LENDER WITH RESPECT TO THE
TRANSACTIONS ARISING IN CONNECTION WITH THE DEBT AND SUPERSEDE ALL PRIOR WRITTEN
OR ORAL UNDERSTANDINGS AND AGREEMENTS BETWEEN BORROWER AND LENDER WITH RESPECT
THERETO.
BORROWER HEREBY ACKNOWLEDGES THAT, EXCEPT AS INCORPORATED IN WRITING
IN THE NOTE, THE LOAN AGREEMENT, THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS, THERE ARE NOT, AND WERE NOT, AND NO PERSONS ARE OR WERE AUTHORIZED BY
LENDER TO MAKE, ANY REPRESENTATIONS, UNDERSTANDINGS, STIPULATIONS, AGREEMENTS OR
PROMISES, ORAL OR WRITTEN, WITH RESPECT TO THE TRANSACTION WHICH IS THE SUBJECT
OF THE NOTE, THE LOAN AGREEMENT, THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS.
SECTION 15.7
LIMITATION ON LENDER'S RESPONSIBILITY.
NO PROVISION OF
THIS SECURITY INSTRUMENT SHALL OPERATE TO PLACE ANY OBLIGATION OR LIABILITY FOR
THE CONTROL, CARE, MANAGEMENT OR REPAIR OF THE PROPERTY UPON LENDER, NOR SHALL
IT OPERATE TO MAKE LENDER RESPONSIBLE OR LIABLE FOR ANY WASTE COMMITTED ON THE
PROPERTY BY THE TENANTS OR ANY OTHER PERSON, OR FOR ANY DANGEROUS OR DEFECTIVE
CONDITION OF THE PROPERTY, OR FOR ANY NEGLIGENCE IN THE MANAGEMENT, UPKEEP,
REPAIR OR CONTROL OF THE PROPERTY RESULTING IN LOSS OR INJURY OR DEATH TO ANY
TENANT, LICENSEE, EMPLOYEE OR STRANGER.
NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED AS CONSTITUTING LENDER A "MORTGAGEE IN POSSESSION."
SECTION 15.8
JOINT AND SEVERAL.
IF MORE THAN ONE PERSON HAS EXECUTED
THIS SECURITY INSTRUMENT AS "BORROWER," THE REPRESENTATIONS, COVENANTS,
WARRANTIES AND OBLIGATIONS OF ALL SUCH PERSONS HEREUNDER SHALL BE JOINT AND
SEVERAL.
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ARTICLE 16 - ADDITIONAL LEASEHOLD MORTGAGE PROVISIONS
SECTION 16.1
IN ADDITION TO THE REPRESENTATIONS SET FORTH HEREIN,
BORROWER HEREBY REPRESENTS THAT: NO TERM, COVENANT OR PROVISION OF THE GROUND
LEASE PROHIBITS OR IMPOSES A LIMITATION UPON THE GRANT AND DEMISE OF THE
MORTGAGE, NOR PRECLUDES, LIMITS, CONFLICTS WITH OR INTERFERES WITH THE POWERS,
RIGHTS AND REMEDIES GRANTED TO LENDER HEREUNDER OR THEREUNDER.
SECTION 16.2
IN ADDITION TO THE COVENANTS SET FORTH HEREIN, BORROWER
HEREBY COVENANTS:
(I)
TO PROMPTLY PAY, WITHOUT ANY ALLOWANCE FOR GRACE PERIODS, ALL
RENT, ADDITIONAL RENT AND OTHER SUMS OR CHARGES REQUIRED TO BE PAID BY THE
LESSEE UNDER THE GROUND LEASE;
(II)
TO PROMPTLY AND FAITHFULLY OBSERVE, PERFORM AND COMPLY WITH ALL
THE TERMS, COVENANTS AND PROVISIONS OF THE GROUND LEASE ON ITS PART TO BE
OBSERVED, PERFORMED AND COMPLIED WITH, AT THE TIMES SET FORTH THEREIN, WITHOUT
ALLOWANCE FOR GRACE PERIODS, IF ANY;
(III)
TO NOT DO, PERMIT, SUFFER OR REFRAIN FROM DOING ANYTHING AS A
RESULT OF WHICH THERE COULD BE A DEFAULT UNDER OR BREACH OF ANY OF THE TERMS OF
THE GROUND LEASE; AND
(IV)
NOT TO CANCEL OR TERMINATE THE GROUND LEASE.
SECTION 16.3
THE LIEN OF THE MORTGAGE SHALL EXTEND TO COVER ALL OF
BORROWER'S RESPECTIVE RIGHTS AND REMEDIES UNDER OR PURSUANT TO 11 U.S.C. §
365(H) INCLUDING, WITHOUT LIMITATION, ALL OF BORROWER'S RIGHTS TO REMAIN IN
POSSESSION OF THE LEASEHOLD INTEREST GRANTED UNDER THE GROUND LEASE.
SECTION 16.4
BORROWER SHALL NOT, WITHOUT LENDER'S PRIOR WRITTEN