THE PROVISIONS OF ANY MORTGAGE OR DEED OF TRUST SUPERIOR IN LIEN TO THE
MORTGAGE; (II) SUCH PROCEEDING SHALL BE PERMITTED UNDER AND BE CONDUCTED IN
ACCORDANCE WITH THE PROVISIONS OF ANY OTHER INSTRUMENT TO WHICH BORROWER IS
SUBJECT AND SHALL NOT CONSTITUTE A DEFAULT THEREUNDER AND SUCH PROCEEDING SHALL
BE CONDUCTED IN ACCORDANCE WITH ALL APPLICABLE STATUTES, LAWS AND ORDINANCES;
(III) THE PROPERTY NOR ANY PART THEREOF OR INTEREST THEREIN WILL BE IN DANGER OF
BEING SOLD, FORFEITED, TERMINATED, CANCELLED OR LOST; (IV) BORROWER SHALL
PROMPTLY UPON FINAL DETERMINATION THEREOF PAY THE AMOUNT OF ANY SUCH TAXES OR
OTHER CHARGES, TOGETHER WITH ALL COSTS, INTEREST AND PENALTIES WHICH MAY BE
PAYABLE IN CONNECTION THEREWITH; (V) SUCH PROCEEDING SHALL SUSPEND THE
COLLECTION OF SUCH CONTESTED TAXES OR OTHER CHARGES FROM THE PROPERTY; AND
(VI) BORROWER SHALL FURNISH SUCH SECURITY AS MAY BE REQUIRED IN THE PROCEEDING,
OR AS MAY BE REASONABLY REQUESTED BY LENDER, TO INSURE THE PAYMENT OF ANY SUCH
TAXES OR OTHER CHARGES, TOGETHER WITH ALL INTEREST AND PENALTIES THEREON
(PROVIDED, HOWEVER, IF ANCHOR TENANT IS CONDUCTING THE CONTEST PURSUANT TO THE
ANCHOR TENANT LEASE, AND IS NOT REQUIRED UNDER THE ANCHOR TENANT LEASE TO POST
ANY SUCH SECURITY, THEN THIS CLAUSE (VI) SHALL NOT APPLY).
LENDER MAY PAY OVER
ANY SUCH CASH DEPOSIT OR PART THEREOF HELD BY LENDER TO THE CLAIMANT ENTITLED
THERETO AT ANY TIME WHEN, IN THE REASONABLE JUDGMENT OF LENDER, THE ENTITLEMENT
OF SUCH CLAIMANT IS ESTABLISHED.
36
5.1.3
LITIGATION.
BORROWER SHALL GIVE PROMPT WRITTEN
NOTICE TO LENDER OF ANY LITIGATION OR GOVERNMENTAL PROCEEDINGS PENDING OR
THREATENED AGAINST BORROWER WHICH MIGHT MATERIALLY ADVERSELY AFFECT BORROWER'S
CONDITION (FINANCIAL OR OTHERWISE) OR BUSINESS OR THE PROPERTY.
5.1.4
ACCESS TO PROPERTY.
BORROWER SHALL PERMIT AGENTS,
REPRESENTATIVES AND EMPLOYEES OF LENDER TO INSPECT THE PROPERTY OR ANY PART
THEREOF AT REASONABLE HOURS UPON REASONABLE ADVANCE NOTICE, SUBJECT TO THE
RIGHTS OF TENANTS UNDER THEIR RESPECTIVE LEASES.
5.1.5
NOTICE OF DEFAULT.
BORROWER SHALL PROMPTLY ADVISE
LENDER OF ANY MATERIAL ADVERSE CHANGE IN BORROWER'S CONDITION, FINANCIAL OR
OTHERWISE, OR OF THE OCCURRENCE OF ANY DEFAULT OR EVENT OF DEFAULT OF WHICH
BORROWER HAS KNOWLEDGE.
5.1.6
COOPERATE IN LEGAL PROCEEDINGS.
BORROWER SHALL
COOPERATE FULLY WITH LENDER WITH RESPECT TO ANY PROCEEDINGS BEFORE ANY COURT,
BOARD OR OTHER GOVERNMENTAL AUTHORITY WHICH MAY IN ANY WAY AFFECT THE RIGHTS OF
LENDER HEREUNDER OR ANY RIGHTS OBTAINED BY LENDER UNDER ANY OF THE OTHER LOAN
DOCUMENTS AND, IN CONNECTION THEREWITH, PERMIT LENDER, AT ITS ELECTION, TO
PARTICIPATE IN ANY SUCH PROCEEDINGS.
5.1.7
PERFORM LOAN DOCUMENTS.
BORROWER SHALL OBSERVE,
PERFORM AND SATISFY ALL THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS OF, AND
SHALL PAY WHEN DUE ALL COSTS, FEES AND EXPENSES TO THE EXTENT REQUIRED UNDER THE
LOAN DOCUMENTS EXECUTED AND DELIVERED BY, OR APPLICABLE TO, BORROWER.
5.1.8
INSURANCE BENEFITS.
BORROWER SHALL COOPERATE WITH
LENDER IN OBTAINING FOR LENDER THE BENEFITS OF ANY INSURANCE PROCEEDS LAWFULLY
OR EQUITABLY PAYABLE IN CONNECTION WITH THE PROPERTY, AND LENDER SHALL BE
REIMBURSED FOR ANY EXPENSES INCURRED IN