OR CRIMES OF MORAL TURPITUDE OR FOR
ANY PATRIOT ACT OFFENSE (AS DEFINED BELOW), OR (D) IS CURRENTLY UNDER
INVESTIGATION BY ANY GOVERNMENTAL AUTHORITY FOR ALLEGED CRIMINAL ACTIVITY.
FOR
PURPOSES HEREOF, THE TERM "PATRIOT ACT OFFENSE" MEANS ANY VIOLATION OF THE
CRIMINAL LAWS OF THE UNITED STATES OF AMERICA OR OF ANY OF THE SEVERAL STATES,
OR THAT WOULD BE A CRIMINAL VIOLATION IF COMMITTED WITHIN THE JURISDICTION OF
THE UNITED STATES OF AMERICA OR ANY OF THE SEVERAL STATES, RELATING TO TERRORISM
OR THE LAUNDERING OF MONETARY INSTRUMENTS, INCLUDING ANY OFFENSE UNDER (A) THE
CRIMINAL LAWS AGAINST TERRORISM; (B) THE CRIMINAL LAWS AGAINST MONEY LAUNDERING,
(C) THE BANK SECRECY ACT, AS AMENDED, (D) THE MONEY LAUNDERING CONTROL ACT OF
1986, AS AMENDED, OR THE (E) PATRIOT ACT.
"PATRIOT ACT OFFENSE" ALSO INCLUDES
THE CRIMES OF CONSPIRACY TO COMMIT, OR AIDING AND ABETTING ANOTHER TO COMMIT, A
PATRIOT ACT OFFENSE.
FOR PURPOSES HEREOF, THE TERM "GOVERNMENT LISTS" MEANS (I)
THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS LISTS MAINTAINED BY
OFFICE OF FOREIGN ASSETS CONTROL ("OFAC"), (II) ANY OTHER LIST OF TERRORISTS,
TERRORIST ORGANIZATIONS OR NARCOTICS TRAFFICKERS MAINTAINED PURSUANT TO ANY OF
THE RULES AND REGULATIONS OF OFAC THAT LENDER NOTIFIED BORROWER IN WRITING IS
NOW INCLUDED IN "GOVERNMENTAL LISTS", OR (III) ANY SIMILAR LISTS MAINTAINED BY
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF COMMERCE
OR ANY OTHER GOVERNMENT AUTHORITY OR PURSUANT TO ANY EXECUTIVE ORDER OF THE
PRESIDENT OF THE UNITED STATES OF AMERICA THAT LENDER NOTIFIED BORROWER IN
WRITING IS NOW INCLUDED IN "GOVERNMENTAL LISTS".
5.34
MORTGAGE RESERVE FUNDS.
BORROWER SHALL CAUSE MORTGAGE BORROWER TO
DEPOSIT AND MAINTAIN EACH OF THE ESCROWS AND RESERVES ESTABLISHED UNDER THE
MORTGAGE LOAN AS MORE PARTICULARLY SET FORTH IN ARTICLE 3 OF THE MORTGAGE LOAN
AGREEMENT AND TO PERFORM AND COMPLY WITH ALL THE TERMS AND PROVISIONS RELATING
THERETO.
5.35
NOTICES.
BORROWER SHALL GIVE NOTICE, OR CAUSE NOTICE TO BE GIVEN,
TO LENDER PROMPTLY UPON THE OCCURRENCE OF ANY MORTGAGE EVENT OF DEFAULT.
58
5.36
SPECIAL DISTRIBUTIONS.
ON EACH DATE ON WHICH AMOUNTS ARE REQUIRED
TO BE DISBURSED TO LENDER PURSUANT TO ARTICLE 3 OF THE MORTGAGE LOAN AGREEMENT,
BORROWER SHALL EXERCISE ITS RIGHTS UNDER THE ORGANIZATIONAL DOCUMENTS OF
MORTGAGE BORROWER TO CAUSE MORTGAGE BORROWER TO MAKE TO BORROWER A DISTRIBUTION
IN AN AGGREGATE AMOUNT SUCH THAT LENDER SHALL RECEIVE THE AMOUNT REQUIRED TO BE
DISBURSED PURSUANT TO ARTICLE 3 OF THE MORTGAGE LOAN AGREEMENT.
5.37
MORTGAGE BORROWER COVENANTS.
BORROWER SHALL CAUSE MORTGAGE BORROWER
TO COMPLY WITH ALL OBLIGATIONS WITH WHICH MORTGAGE BORROWER HAS COVENANTED TO
COMPLY UNDER THE MORTGAGE LOAN AGREEMENT AND ALL OTHER MORTGAGE LOAN DOCUMENTS
(INCLUDING, WITHOUT LIMITATION, THOSE CERTAIN AFFIRMATIVE AND NEGATIVE COVENANTS
SET FORTH IN THE MORTGAGE LOAN AGREEMENT) WHETHER THE MORTGAGE LOAN HAS BEEN
REPAID OR THE RELATED MORTGAGE LOAN DOCUMENT HAS BEEN OTHERWISE TERMINATED,
UNLESS OTHERWISE CONSENTED TO IN WRITING BY LENDER.
BORROWER SHALL CAUSE
MORTGAGE BORROWER TO PROMPTLY NOTIFY LENDER OF ALL NOTICES RECEIVED BY MORTGAGE
BORROWER UNDER OR IN