LEASE INCLUSIVE OF ALL EXTENSIONS AND RENEWALS,
DOES NOT EXCEED FIVE (5) YEARS.
(B)
BORROWER (I) SHALL OBSERVE AND PERFORM ALL OF ITS MATERIAL
OBLIGATIONS UNDER THE LEASES PURSUANT TO APPLICABLE LEGAL REQUIREMENTS AND SHALL
NOT DO OR PERMIT TO BE DONE ANYTHING TO IMPAIR THE VALUE OF THE LEASES AS
SECURITY FOR THE DEBT; (II) SHALL PROMPTLY SEND COPIES TO LENDER OF ALL NOTICES
OF DEFAULT WHICH BORROWER SHALL RECEIVE UNDER THE LEASES; (III) SHALL,
CONSISTENT WITH THE APPROVED MANAGER STANDARD, ENFORCE ALL OF THE MATERIAL
TERMS, COVENANTS AND CONDITIONS CONTAINED IN THE LEASES TO BE OBSERVED OR
PERFORMED; (IV) SHALL NOT COLLECT ANY OF THE RENTS UNDER THE LEASES MORE THAN
ONE (1) MONTH IN ADVANCE (EXCEPT THAT BORROWER MAY COLLECT IN ADVANCE SUCH
SECURITY DEPOSITS AS ARE PERMITTED PURSUANT TO APPLICABLE LEGAL REQUIREMENTS AND
ARE COMMERCIALLY REASONABLE IN THE PREVAILING MARKET); (V) SHALL NOT EXECUTE ANY
OTHER ASSIGNMENT OF LESSOR'S INTEREST IN THE LEASES OR THE RENTS EXCEPT AS
OTHERWISE EXPRESSLY PERMITTED PURSUANT TO THIS SECURITY INSTRUMENT; (VI) SHALL
NOT CANCEL OR TERMINATE ANY OF THE LEASES OR ACCEPT A SURRENDER THEREOF IN ANY
MANNER INCONSISTENT WITH THE APPROVED MANAGER STANDARD; (VII) SHALL NOT CONVEY,
TRANSFER OR SUFFER OR PERMIT A CONVEYANCE OR TRANSFER OF ALL OR ANY PART OF THE
PREMISES OR THE IMPROVEMENTS OR OF ANY INTEREST THEREIN SO AS TO EFFECT A MERGER
OF THE ESTATES AND RIGHTS OF, OR A TERMINATION OR DIMINUTION OF THE OBLIGATIONS
OF, LESSEES THEREUNDER; (VIII) SHALL NOT ALTER, MODIFY OR CHANGE THE TERMS OF
ANY GUARANTY OF ANY MAJOR SPACE LEASE OR CANCEL OR TERMINATE ANY
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SUCH GUARANTY; (IX) SHALL, IN ACCORDANCE WITH THE APPROVED MANAGER STANDARD,
MAKE ALL REASONABLE EFFORTS TO SEEK LESSEES FOR SPACE AS IT BECOMES VACANT AND
ENTER INTO LEASES IN ACCORDANCE WITH THE TERMS HEREOF; (X) SHALL NOT CANCEL OR
TERMINATE OR MATERIALLY MODIFY, ALTER OR AMEND ANY MAJOR SPACE LEASE OR PROPERTY
AGREEMENT WITHOUT LENDER'S CONSENT, WHICH CONSENT WILL NOT BE UNREASONABLY
WITHHELD OR DELAYED; (XI) SHALL NOTIFY LENDER PROMPTLY IF ANY PAD OWNER SHALL
CEASE BUSINESS OPERATIONS OR OF THE OCCURRENCE OF ANY EVENT OF WHICH IT BECOMES
AWARE AFFECTING A PAD OWNER OR ITS PROPERTY WHICH COULD REASONABLY BE EXPECTED
TO HAVE ANY MATERIAL EFFECT ON THE PROPERTY; AND (XII) SHALL, WITHOUT LIMITATION
TO ANY OTHER PROVISION HEREOF, EXECUTE AND DELIVER AT THE REQUEST OF LENDER ALL
SUCH FURTHER ASSURANCES, CONFIRMATIONS AND ASSIGNMENTS IN CONNECTION WITH THE
PROPERTY AS ARE REQUIRED HEREIN AND AS LENDER SHALL FROM TIME TO TIME REASONABLY
REQUIRE.
(C)
ALL SECURITY DEPOSITS OF LESSEES, WHETHER HELD IN CASH OR ANY
OTHER FORM, SHALL BE TREATED BY BORROWER AS TRUST FUNDS, SHALL NOT BE COMMINGLED
WITH ANY OTHER FUNDS OF BORROWER AND, IF CASH, SHALL BE DEPOSITED BY BORROWER IN
THE SECURITY DEPOSIT ACCOUNT.
ANY BOND OR OTHER INSTRUMENT WHICH BORROWER IS
PERMITTED TO HOLD IN LIEU OF CASH SECURITY DEPOSITS UNDER APPLICABLE LEGAL
REQUIREMENTS SHALL BE MAINTAINED IN FULL FORCE AND EFFECT UNLESS REPLACED