REQUESTED BY LENDER.
BORROWER GRANTS TO LENDER
THE RIGHT TO DISTRIBUTE FINANCIAL AND OTHER INFORMATION CONCERNING BORROWER,
OWNER, THE PREMISES, THE COLLATERAL, AND ALL OTHER PERTINENT INFORMATION WITH
RESPECT TO THE LOAN TO ANY PERSON WHO HAS PURCHASED A PARTICIPATION INTEREST IN
THE LOAN, OR WHO HAS PURCHASED THE LOAN, OR WHO HAS MADE A LOAN TO LENDER
SECURED BY THE LOAN OR WHO HAS EXPRESSED AN INTEREST IN PURCHASING A
PARTICIPATION INTEREST IN THE LOAN, OR EXPRESSED AN INTEREST IN PURCHASING THE
LOAN OR THE MAKING OF A LOAN TO LENDER SECURED BY THE LOAN.
IF REQUESTED BY
LENDER, BORROWER SHALL EXECUTE AND DELIVER, AND SHALL CAUSE EACH AFFILIATE OF
BORROWER TO EXECUTE AND DELIVER, AT NO COST OR EXPENSE TO BORROWER, SUCH
DOCUMENTS AND INSTRUMENTS AS MAY BE NECESSARY TO SPLIT THE LOAN INTO TWO OR MORE
LOANS EVIDENCED BY SEPARATE SETS OF NOTES AND SECURED BY SEPARATE SETS OF OTHER
RELATED LOAN DOCUMENTS TO THE FULL EXTENT REQUIRED BY LENDER TO FACILITATE THE
SALE OF PARTICIPATION INTERESTS IN THE LOAN OR THE SALE OF THE LOAN OR THE
MAKING OF A LOAN TO LENDER SECURED BY THE LOAN, IT BEING AGREED THAT (A) ANY
SUCH SPLITTING OF THE LOAN WILL NOT ADVERSELY AFFECT OR DIMINISH THE RIGHTS OF
BORROWER AS PRESENTLY SET FORTH HEREIN AND IN THE OTHER LOAN DOCUMENTS AND WILL
NOT INCREASE THE RESPECTIVE OBLIGATIONS AND LIABILITIES OF BORROWER OR ANY OTHER
PERSON ASSOCIATED OR CONNECTED WITH THE LOAN OR THE COLLATERAL, (B) THE LOAN
DOCUMENTS SECURING THE LOAN AS SO SPLIT WILL HAVE SUCH PRIORITY OF LIEN AS MAY
BE SPECIFIED BY LENDER, AND (C) THE RETAINED INTEREST OF LENDER IN THE LOAN AS
SO SPLIT SHALL BE ALLOCATED TO OR
52
AMONG ONE OR MORE OF SUCH SEPARATE LOANS IN A MANNER SPECIFIED BY LENDER IN ITS
SOLE AND ABSOLUTE DISCRETION.
FROM AND AFTER THE EFFECTIVE DATE OF ANY
ASSIGNMENT OF ALL OR ANY PORTION OF THE LOAN TO ANY PERSON (AN "ASSIGNEE") (A)
SUCH ASSIGNEE SHALL BE A PARTY HERETO AND TO EACH OF THE OTHER LOAN DOCUMENTS TO
THE EXTENT OF THE APPLICABLE PERCENTAGE OR PERCENTAGES ASSIGNED TO SUCH ASSIGNEE
AND, EXCEPT AS OTHERWISE SPECIFIED HEREIN, SHALL SUCCEED TO THE RIGHTS AND
OBLIGATIONS OF LENDER HEREUNDER IN RESPECT OF SUCH APPLICABLE PERCENTAGE OR
PERCENTAGES AND (B) LENDER SHALL RELINQUISH ITS RIGHTS AND BE RELEASED FROM ITS
OBLIGATIONS HEREUNDER AND UNDER THE LOAN DOCUMENTS TO THE EXTENT OF SUCH
APPLICABLE PERCENTAGE OR PERCENTAGES.
THE LIABILITIES OF LENDER AND EACH OF THE
OTHER ASSIGNEES SHALL BE SEPARATE AND NOT JOINT AND SEVERAL.
NEITHER LENDER NOR
ANY ASSIGNEE SHALL BE RESPONSIBLE FOR THE OBLIGATIONS OF ANY OTHER ASSIGNEE.
BORROWER ACKNOWLEDGES THAT THE INFORMATION PROVIDED BY BORROWER TO LENDER MAY BE
INCORPORATED INTO THE OFFERING DOCUMENTS FOR A SECURITIZATION AND TO THE FULLEST
EXTENT PERMITTED, BORROWER IRREVOCABLY WAIVES ALL RIGHTS, IF ANY, TO PROHIBIT
SUCH DISCLOSURES INCLUDING, WITHOUT LIMITATION, ANY RIGHT OF PRIVACY.
LENDER
AND EACH RATING AGENCY SHALL BE ENTITLED TO RELY ON