EACH CASE, THE UNCOVERED PROPERTY,
WHICH SUPPLEMENTAL SURVEY SHALL (1) BE CERTIFIED TO THE ADMINISTRATIVE AGENT AND
THE TITLE INSURANCE COMPANY BY AN INDEPENDENT PROFESSIONAL LICENSED LAND
SURVEYOR REASONABLY
58
SATISFACTORY TO THE ADMINISTRATIVE AGENT IN A MANNER REASONABLY SATISFACTORY TO
THEM, (2) SHOW THE PERIMETER BOUNDARIES OF THE UNCOVERED PROPERTY AND ALL
IMPROVEMENTS THEREON LOCATED WITHIN 5 FEET OF THE PERIMETER BOUNDARY LINE OF
SUCH UNCOVERED PROPERTY AND ALL ENCROACHMENTS OF OTHER PROPERTY ONTO THE
UNCOVERED PROPERTY, (3) SHOW ALL POINTS OF ACCESS TO SUCH UNCOVERED PROPERTY
FROM MAJOR PUBLIC STREETS, AND (4) INCLUDE A METES AND BOUNDS DESCRIPTION OF
SUCH UNCOVERED PROPERTY.
FOR PURPOSES OF THIS SECTION 5.1(O), THE
ADMINISTRATIVE AGENT AND THE TITLE INSURANCE COMPANY SHALL NOT BE ENTITLED TO
RECEIVE A SUPPLEMENTAL SURVEY UNLESS THE UNCOVERED PROPERTY MEETS THE FOLLOWING
"MATERIALITY THRESHOLD": (I) THE UNCOVERED PROPERTY IS MATERIAL TO THE OPERATION
OF THE BUSINESS AT THE APPLICABLE PARK AS CURRENTLY CONDUCTED, OR (II) THE
UNCOVERED PROPERTY IS REQUIRED IN ORDER TO OPERATE THE BUSINESS AT THE
APPLICABLE PARK AS CURRENTLY CONDUCTED IN ACCORDANCE WITH REQUIREMENTS OF LAW.
(IV)
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED IN RESPECT OF EACH
MORTGAGED PROPERTY A MORTGAGEE'S TITLE INSURANCE POLICY (OR POLICIES) OR MARKED
UP UNCONDITIONAL BINDER FOR SUCH INSURANCE, TOGETHER WITH SUCH ENDORSEMENTS AS
THE ADMINISTRATIVE AGENT SHALL REASONABLY REQUEST, IN EACH CASE IN FORM AND
SUBSTANCE, AND IN AN AMOUNT, REASONABLY SATISFACTORY TO THE ADMINISTRATIVE
AGENT.
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED EVIDENCE SATISFACTORY TO IT
THAT ALL PREMIUMS IN RESPECT OF EACH SUCH POLICY AND ALL RELATED EXPENSES, IF
ANY, HAVE BEEN PAID.
(V)
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED WITH RESPECT TO ANY
MORTGAGED PROPERTY WHICH IS LOCATED IN A "SPECIAL FLOOD HAZARD AREA" (A) A
POLICY OF FLOOD INSURANCE THAT (1) COVERS SUCH MORTGAGED PROPERTY,
(2) IS
WRITTEN IN AN AMOUNT NOT LESS THAN THE OUTSTANDING PRINCIPAL AMOUNT OF THE
INDEBTEDNESS SECURED BY SUCH MORTGAGE THAT IS REASONABLY ALLOCABLE TO SUCH REAL
PROPERTY OR THE MAXIMUM LIMIT OF COVERAGE MADE AVAILABLE WITH RESPECT TO THE
PARTICULAR TYPE OF PROPERTY UNDER THE NATIONAL FLOOD INSURANCE ACT OF 1968,
WHICHEVER IS LESS, AND (3) HAS A TERM ENDING NOT LATER THAN THE MATURITY OF THE
INDEBTEDNESS SECURED BY SUCH MORTGAGE AND (B) CONFIRMATION THAT THE BORROWER HAS
RECEIVED THE NOTICE REQUIRED PURSUANT TO SECTION 208(E)(3) OF REGULATION H OF
THE BOARD.
(VI)
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED A COPY OF ALL
RECORDED DOCUMENTS REFERRED TO, OR LISTED AS EXCEPTIONS TO TITLE IN, THE TITLE
POLICY OR POLICIES REFERRED TO IN CLAUSE (III) ABOVE AND A COPY OF ALL OTHER
MATERIAL DOCUMENTS AFFECTING THE MORTGAGED PROPERTIES.
(P)
INSURANCE.
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED INSURANCE
CERTIFICATES SATISFYING THE REQUIREMENTS OF SECTION 6.4.
(Q)
THE U.S.A. PATRIOT ACT.
THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED THE
DOCUMENTATION AND OTHER INFORMATION AS REQUIRED BY BANK REGULATORY AUTHORITIES
UNDER APPLICABLE "KNOW YOUR CUSTOMER" AND ANTI-MONEY LAUNDERING RULES AND
REGULATIONS, INCLUDING THE U.S.A. PATRIOT ACT.
(R)
PRO FORMA COMPLIANCE.
THE LOAN PARTIES