A
PROHIBITED PERSON.
BORROWER HAS DETERMINED THAT MANAGER HAS IMPLEMENTED
PROCEDURES, APPROVED BY BORROWER, TO ENSURE THAT NO TENANT UNDER A SPACE LEASE
AT THE PROPERTY IS A PROHIBITED PERSON OR OWNED OR CONTROLLED BY A PROHIBITED
PERSON.
SECTION 2.03.
FURTHER ACTS, ETC.
BORROWER WILL, AT THE COST OF BORROWER, AND
WITHOUT EXPENSE TO LENDER, DO, EXECUTE, ACKNOWLEDGE AND DELIVER ALL AND EVERY
SUCH FURTHER ACTS, DEEDS, CONVEYANCES, MORTGAGES OR DEEDS OF TRUST, AS
APPLICABLE, ASSIGNMENTS, NOTICES OF ASSIGNMENTS, TRANSFERS AND ASSURANCES AS
LENDER SHALL, FROM TIME TO TIME, REASONABLY REQUIRE FOR THE BETTER ASSURING,
CONVEYING, ASSIGNING, TRANSFERRING, AND CONFIRMING UNTO LENDER THE PROPERTY AND
RIGHTS HEREBY MORTGAGED, GIVEN, GRANTED, BARGAINED, SOLD, ALIENATED, ENFEOFFED,
CONVEYED, CONFIRMED, PLEDGED, ASSIGNED AND HYPOTHECATED, OR WHICH BORROWER MAY
BE OR MAY HEREAFTER BECOME BOUND TO CONVEY OR ASSIGN TO LENDER, OR FOR CARRYING
OUT OR FACILITATING THE PERFORMANCE OF THE TERMS OF THIS SECURITY INSTRUMENT OR
FOR FILING, REGISTERING OR RECORDING THIS SECURITY INSTRUMENT AND, ON DEMAND,
WILL EXECUTE AND DELIVER AND HEREBY AUTHORIZES LENDER TO EXECUTE IN THE NAME OF
BORROWER OR WITHOUT THE SIGNATURE OF BORROWER TO THE EXTENT LENDER MAY LAWFULLY
DO SO, ONE OR MORE FINANCING STATEMENTS, CHATTEL MORTGAGES OR COMPARABLE
SECURITY INSTRUMENTS TO EVIDENCE MORE EFFECTIVELY THE LIEN HEREOF UPON THE
PROPERTY.
BORROWER HEREBY AUTHORIZES LENDER TO FILE ANY FINANCING STATEMENTS,
AND AMENDMENTS TO FINANCING STATEMENTS, IN ANY JURISDICTIONS AND WITH ANY FILING
OFFICES AS LENDER MAY DETERMINE, IN ITS SOLE DISCRETION, ARE NECESSARY OR
ADVISABLE TO PERFECT THE SECURITY INTEREST GRANTED TO LENDER HEREUNDER.
SUCH
FINANCING STATEMENTS MAY DESCRIBE THE COLLATERAL IN THE SAME MANNER AS DESCRIBED
IN THIS DOCUMENT OR MAY CONTAIN AN INDICATION OR DESCRIPTION OF COLLATERAL THAT
DESCRIBES SUCH PROPERTY IN ANY OTHER MANNER LENDER SO CHOOSES, INCLUDING,
WITHOUT LIMITATION, DESCRIBING SUCH PROPERTY AS "ALL ASSETS, WHETHER NOW OWNED
OR HEREAFTER ACQUIRED" OR "ALL PERSONAL PROPERTY, WHETHER NOW OWNED OR HEREAFTER
ACQUIRE".
BORROWER GRANTS TO LENDER AN IRREVOCABLE POWER OF ATTORNEY COUPLED
WITH AN INTEREST FOR THE PURPOSE OF PROTECTING, PERFECTING, PRESERVING AND
REALIZING UPON THE INTERESTS GRANTED PURSUANT TO THIS SECURITY INSTRUMENT AND TO
EFFECT THE INTENT HEREOF, ALL AS FULLY AND EFFECTUALLY AS BORROWER MIGHT OR
COULD DO; AND BORROWER HEREBY RATIFIES ALL THAT LENDER SHALL LAWFULLY DO OR
CAUSE TO BE DONE BY VIRTUE HEREOF.
UPON RECEIPT OF AN AFFIDAVIT OF AN OFFICER
OF LENDER AS TO THE LOSS, THEFT, DESTRUCTION OR MUTILATION OF THE NOTE OR ANY
OTHER LOAN DOCUMENT WHICH IS NOT OF PUBLIC RECORD, AND, IN THE CASE OF ANY SUCH
MUTILATION, UPON SURRENDER AND CANCELLATION OF SUCH NOTE OR OTHER APPLICABLE
LOAN DOCUMENT, BORROWER WILL ISSUE, IN LIEU THEREOF, A REPLACEMENT NOTE OR OTHER
APPLICABLE LOAN DOCUMENT, DATED THE DATE OF SUCH LOST, STOLEN, DESTROYED OR
MUTILATED NOTE OR OTHER LOAN DOCUMENT IN THE SAME PRINCIPAL AMOUNT THEREOF AND
OTHERWISE OF LIKE TENOR.
SECTION 2.04.
RECORDING OF SECURITY INSTRUMENT, ETC.
BORROWER FORTHWITH UPON
THE EXECUTION AND DELIVERY OF THIS SECURITY INSTRUMENT AND THEREAFTER, FROM TIME
TO TIME, WILL