BORROWER SHALL NOTIFY THE LENDER IN
WRITING WITH RESPECT TO SUCH MODIFICATION).
THE BORROWER SHALL NOT MATERIALLY
CHANGE THE STANDARD LEASE FORM WITHOUT LENDER'S PRIOR WRITTEN CONSENT, WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED, OR EXCEPT AS NECESSARY TO
COMPLY WITH APPLICABLE LEGAL REQUIREMENTS.
BORROWER,
93
(A)
SHALL OBSERVE AND PERFORM ALL OF THE MATERIAL
OBLIGATIONS IMPOSED UPON THE LESSOR UNDER THE LEASES AND SHALL NOT DO OR PERMIT
TO BE DONE ANYTHING TO MATERIALLY IMPAIR THE VALUE OF THE LEASES AS SECURITY FOR
THE INDEBTEDNESS;
(B)
SHALL NOT EXECUTE ANY OTHER ASSIGNMENT OF
LESSOR'S INTEREST IN ANY OF THE LEASES OR RENTS;
(C)
SHALL ENFORCE ALL OF THE MATERIAL TERMS,
COVENANTS AND CONDITIONS CONTAINED IN THE LEASES UPON THE PART OF THE LESSEE
THEREUNDER TO BE OBSERVED OR PERFORMED AND SHALL EFFECT A TERMINATION OR
DIMINUTION OF THE OBLIGATIONS OF TENANTS UNDER LEASES, ONLY IN A MANNER THAT A
PRUDENT OWNER OF A SIMILAR PROPERTY TO THE MORTGAGED PROPERTY WOULD ENFORCE SUCH
TERMS COVENANTS AND CONDITIONS OR EFFECT SUCH TERMINATION OR DIMINUTION IN THE
ORDINARY COURSE OF BUSINESS;
(D)
EXCEPT AS OTHERWISE SET FORTH IN THE MONTHLY
STATEMENT SUBMITTED TO LENDER, SHALL NOT COLLECT ANY OF THE RENTS MORE THAN ONE
(1) MONTH IN ADVANCE; AND
(E)
SHALL NOT CONVEY OR TRANSFER OR SUFFER OR
PERMIT A CONVEYANCE OR TRANSFER OF THE MORTGAGED PROPERTY 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.
(III)
BORROWER SHALL DEPOSIT SECURITY DEPOSITS OF
LESSEES WHICH ARE TURNED OVER TO OR FOR THE BENEFIT OF BORROWER OR OTHERWISE
COLLECTED BY OR ON BEHALF OF BORROWER, INTO THE SECURITY DEPOSIT ACCOUNT AND
SHALL NOT COMMINGLE SUCH FUNDS WITH ANY OTHER FUNDS OF BORROWER.
ANY BOND OR
OTHER INSTRUMENT WHICH BORROWER IS PERMITTED TO HOLD IN LIEU OF CASH SECURITY
DEPOSITS UNDER ANY APPLICABLE LEGAL REQUIREMENTS SHALL BE MAINTAINED IN FULL
FORCE AND EFFECT UNLESS REPLACED BY CASH DEPOSITS AS HEREINABOVE DESCRIBED,
SHALL, IF PERMITTED PURSUANT TO LEGAL REQUIREMENTS, NAME LENDER AS PAYEE OR
MORTGAGEE THEREUNDER (OR AT LENDER'S OPTION, BE FULLY ASSIGNABLE TO LENDER) AND
SHALL, IN ALL RESPECTS, COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENTS AND
OTHERWISE BE REASONABLY SATISFACTORY TO LENDER.
BORROWER SHALL, UPON REQUEST,
PROVIDE LENDER WITH EVIDENCE REASONABLY SATISFACTORY TO LENDER OF BORROWER'S
COMPLIANCE WITH THE FOREGOING.
UPON THE OCCURRENCE AND DURING THE CONTINUANCE
OF ANY EVENT OF DEFAULT, BORROWER SHALL, UPON LENDER'S REQUEST, IF PERMITTED BY
ANY APPLICABLE LEGAL REQUIREMENTS, TURN OVER TO LENDER THE SECURITY DEPOSITS
(AND ANY INTEREST THERETOFORE EARNED THEREON) WITH RESPECT TO ALL OR ANY PORTION
OF THE MORTGAGED PROPERTY, TO BE HELD BY LENDER SUBJECT TO THE TERMS OF THE
LEASES.
(AA)
MAINTENANCE OF MORTGAGED PROPERTY.
BORROWER
SHALL CAUSE THE MORTGAGED PROPERTY TO BE MAINTAINED IN A GOOD AND SAFE CONDITION
AND REPAIR, SUBJECT TO WEAR AND TEAR AND DAMAGE CAUSED BY CASUALTY OR
CONDEMNATION.
THE IMPROVEMENTS AND THE EQUIPMENT SHALL NOT BE