TO (A) THE PROTECTION, PRESERVATION, EXERCISE OR ENFORCEMENT OF ANY OF
ITS RIGHTS IN, UNDER OR RELATED TO THE COLLATERAL OR THE LOAN DOCUMENTS OR
(B) THE PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER OR RELATED TO THE LOAN
DOCUMENTS, OR (II) PROTECTING, PRESERVING, EXERCISING OR ENFORCING DURING A
DEFAULT ANY OF ITS RIGHTS IN, UNDER OR RELATED TO THE COLLATERAL OR THE LOAN
DOCUMENTS, EACH OF (A) THROUGH (E) SHALL INCLUDE ALL UNDERWRITING EXPENSES,
COLLATERAL LIQUIDATION COSTS, COURT COSTS, ATTORNEYS' FEES (INCLUDING, WITHOUT
LIMITATION, FOR TRIAL, APPEAL OR OTHER PROCEEDINGS), FEES OF AUDITORS AND
ACCOUNTANTS, AND INVESTIGATION EXPENSES REASONABLY INCURRED BY LENDER IN
CONNECTION WITH ANY SUCH MATTERS, TOGETHER WITH INTEREST AT THE POST-MATURITY
RATE SPECIFIED IN THE NOTE ON EACH ITEM SPECIFIED IN CLAUSE (A) THROUGH (E) FROM
THIRTY (30) DAYS AFTER THE DATE OF WRITTEN DEMAND OR REQUEST FOR REIMBURSEMENT
UNTIL THE DATE OF REIMBURSEMENT. PROVIDED, HOWEVER, LENDER SHALL NOT BE ENTITLED
TO ANY REIMBURSEMENT UNDER CLAUSES (D) AND (E) ABOVE IF THERE IS A DETERMINATION
IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION THAT
LENDER WAS NOT ENTITLED TO EXERCISE SUCH REMEDIES UNDER THE LOAN DOCUMENTS.
SECTION 5.6
INSURANCE.
BORROWER SHALL MAINTAIN WITH FINANCIALLY
SOUND AND REPUTABLE INSURERS, INSURANCE WITH RESPECT TO ITS PROPERTIES AND
BUSINESS AGAINST SUCH LIABILITIES, CASUALTIES,
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RISKS AND CONTINGENCIES AND IN SUCH TYPES AND AMOUNTS AS IS CUSTOMARY IN THE
CASE OF PERSONS ENGAGED IN THE SAME OR SIMILAR BUSINESSES AND SIMILARLY
SITUATED, INCLUDING, WITHOUT LIMITATION, A FIDELITY BOND OR BONDS WITH
FINANCIALLY SOUND AND REPUTABLE INSURERS WITH SUCH COVERAGE AND IN SUCH AMOUNTS
AS IS CUSTOMARY IN THE CASE OF PERSONS ENGAGED IN THE SAME OR SIMILAR BUSINESSES
AND SIMILARLY SITUATED.
THE IMPROVEMENTS ON THE LAND COVERED BY EACH MORTGAGE
SHALL BE KEPT CONTINUOUSLY INSURED AT ALL TIMES BY RESPONSIBLE INSURANCE
COMPANIES AGAINST FIRE AND EXTENDED COVERAGE HAZARDS UNDER POLICIES, BINDERS,
LETTERS, OR CERTIFICATES OF INSURANCE, WITH A STANDARD MORTGAGEE CLAUSE IN FAVOR
OF BORROWER AND ITS ASSIGNS.
EACH SUCH POLICY MUST BE IN AN AMOUNT NOT LESS
THAN THE HIGHEST OF THE FOLLOWING:
(A) THE AMOUNT OF THE MORTGAGE LOAN, (B) 90%
OF THE INSURABLE VALUE OF THE IMPROVEMENTS, AND (C) AN AMOUNT SUFFICIENT TO
PREVENT CO-INSURANCE, WITHOUT REDUCTION BY REASON OF ANY CO-INSURANCE, REDUCED
RATE CONTRIBUTION, OR SIMILAR CLAUSE OF THE POLICIES OR BINDERS.
UPON REQUEST
OF LENDER, BORROWER SHALL FURNISH OR CAUSE TO BE FURNISHED TO LENDER FROM TIME
TO TIME A SUMMARY OF THE INSURANCE COVERAGE OF BORROWER IN FORM AND SUBSTANCE
SATISFACTORY TO LENDER AND IF REQUESTED SHALL FURNISH LENDER COPIES OF THE
APPLICABLE POLICIES.
SECTION 5.7
ACCOUNTS AND RECORDS: SERVICING RECORDS.
EACH RELATED
PERSON SHALL KEEP BOOKS OF RECORD AND ACCOUNT IN WHICH FULL, TRUE AND CORRECT
ENTRIES WILL BE MADE OF ALL DEALINGS OR TRANSACTIONS IN RELATION TO ITS BUSINESS
AND ACTIVITIES, IN ACCORDANCE WITH GAAP.
EACH RELATED PERSON SHALL MAINTAIN AND
IMPLEMENT ADMINISTRATIVE AND OPERATING PROCEDURES (INCLUDING, WITHOUT
LIMITATION, AN ABILITY TO RECREATE ALL RECORDS PERTAINING TO THE PERFORMANCE