CONSTITUTE PART OF THE
AVAILABLE AMOUNT ON THE NEXT PAYMENT DATE.
(B)
THE PROPERTY MANAGER AND THE SPECIAL SERVICER SHALL EACH PAY OR CAUSE
TO BE PAID TO THE OBLIGORS INTEREST, IF ANY, EARNED ON THE INVESTMENT OF FUNDS
IN SERVICING ACCOUNTS MAINTAINED THEREBY, IF REQUIRED BY LAW OR THE TERMS OF THE
RELATED LEASE OR MORTGAGE LOAN.
IF THE PROPERTY MANAGER OR THE SPECIAL SERVICER
SHALL DEPOSIT IN A SERVICING ACCOUNT ANY AMOUNT NOT REQUIRED TO BE DEPOSITED
THEREIN, IT MAY AT ANY TIME WITHDRAW SUCH AMOUNT FROM SUCH SERVICING ACCOUNT,
ANY PROVISION HEREIN TO THE CONTRARY NOTWITHSTANDING.
(C)
EACH OF THE PROPERTY MANAGER AND THE SPECIAL SERVICER SHALL, AS TO
THOSE MORTGAGED PROPERTIES AND MORTGAGE LOANS IT IS OBLIGATED TO SERVICE
HEREUNDER, MAINTAIN
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ACCURATE RECORDS WITH RESPECT TO ANY MORTGAGED PROPERTY AND MORTGAGE LOAN
REFLECTING THE STATUS OF REAL ESTATE TAXES, GROUND RENTS, ASSESSMENTS AND OTHER
SIMILAR ITEMS THAT ARE OR MAY BECOME A LIEN THEREON, AND THE STATUS OF INSURANCE
PREMIUMS PAYABLE IN RESPECT THEREOF THAT, IN EACH CASE, THE OBLIGOR IS
CONTRACTUALLY OR LEGALLY OBLIGATED TO PAY UNDER THE TERMS OF THE APPLICABLE
LEASE OR MORTGAGE LOAN, AND THE PROPERTY MANAGER SHALL EFFECT PAYMENT THEREOF,
AS A PROPERTY PROTECTION ADVANCE OR OTHERWISE AS PAYMENT OF AN EMERGENCY
PROPERTY EXPENSE FROM FUNDS ON DEPOSIT IN THE COLLECTION ACCOUNT, AS DESCRIBED
BELOW, IF NOT PAID BY THE OBLIGOR PRIOR TO THE APPLICABLE PENALTY OR TERMINATION
DATE, PROMPTLY AFTER THE PROPERTY MANAGER RECEIVES ACTUAL NOTICE FROM ANY SOURCE
OF SUCH NONPAYMENT BY THE OBLIGOR.
FOR PURPOSES OF EFFECTING ANY SUCH PAYMENT
FOR WHICH IT IS RESPONSIBLE, THE PROPERTY MANAGER OR THE SPECIAL SERVICER, AS
THE CASE MAY BE, SHALL APPLY ESCROW PAYMENTS AS ALLOWED UNDER THE TERMS OF THE
RELATED LEASE OR MORTGAGE LOAN OR, IF SUCH LEASE OR MORTGAGE LOAN DOES NOT
REQUIRE THE OBLIGOR TO ESCROW FOR THE PAYMENT OF REAL ESTATE TAXES, ASSESSMENTS
AND INSURANCE PREMIUMS, EACH OF THE PROPERTY MANAGER AND THE SPECIAL SERVICER
SHALL, AS TO THOSE LEASES AND MORTGAGE LOANS IT IS OBLIGATED TO SERVICE
HEREUNDER, ENFORCE THE REQUIREMENT OF THE RELATED LEASE AND MORTGAGE LOAN THAT
THE OBLIGOR MAKE PAYMENTS IN RESPECT OF SUCH ITEMS AT THE TIME THEY FIRST BECOME
DUE.
(D)
IN ACCORDANCE WITH THE SERVICING STANDARD, THE PROPERTY MANAGER SHALL
ADVANCE WITH RESPECT TO EACH SUCH MORTGAGED PROPERTY, LEASE AND MORTGAGE LOAN
ALL SUCH FUNDS AS ARE NECESSARY FOR THE PURPOSE OF EFFECTING THE PAYMENT OF (I)
REAL ESTATE TAXES, (II) GROUND LEASE PAYMENTS, (III) PREMIUMS ON PROPERTY
INSURANCE POLICIES, (IV) ANY NECESSARY COSTS AND EXPENSES ASSOCIATED WITH TENANT
EVICTIONS AND COLLECTIONS FROM TENANTS (INCLUDING ATTORNEYS' FEES) AND (V) OTHER
AMOUNTS NECESSARY TO PRESERVE THE SECURITY INTEREST AND LIEN OF THE INDENTURE
TRUSTEE IN, AND VALUE OF, SUCH MORTGAGED PROPERTY (INCLUDING ANY COSTS AND
EXPENSES NECESSARY TO RE-LEASE SUCH MORTGAGED PROPERTY SUCH AS REPAIR AND
MAINTENANCE EXPENSES, TENANT IMPROVEMENTS AND LEASING COMMISSIONS) AND MORTGAGE
LOAN IN EACH INSTANCE IF AND TO THE EXTENT ESCROW PAYMENTS (IF ANY)