NOT COMPLY WITH THIS SECTION 4.1.36 AND/OR ANY OF THE PROVISIONS AND
REQUIREMENTS OF
THE OFAC RULES, BSA AND/OR ANY ANTI-MONEY LAUNDERING LAWS.
SECTION 4.2
SURVIVAL OF REPRESENTATIONS. BORROWER AGREES THAT ALL OF
THE REPRESENTATIONS AND WARRANTIES OF BORROWER SET FORTH IN SECTION 4.1 AND
ELSEWHERE IN THIS LOAN AGREEMENT AND IN THE OTHER LOAN DOCUMENTS SHALL SURVIVE
FOR SO LONG AS ANY AMOUNT REMAINS OWING TO LENDER UNDER THIS LOAN AGREEMENT OR
ANY OF THE OTHER LOAN DOCUMENTS BY BORROWER. ALL REPRESENTATIONS, WARRANTIES,
COVENANTS AND AGREEMENTS MADE IN THIS LOAN AGREEMENT OR IN THE OTHER LOAN
DOCUMENTS BY BORROWER SHALL BE DEEMED TO HAVE BEEN RELIED UPON BY LENDER
NOTWITHSTANDING ANY INVESTIGATION HERETOFORE OR HEREAFTER MADE BY LENDER OR ON
ITS BEHALF.
ARTICLE V
BORROWER COVENANTS
SECTION 5.1
AFFIRMATIVE COVENANTS. FROM THE CLOSING DATE AND UNTIL
PAYMENT AND PERFORMANCE IN FULL OF ALL OBLIGATIONS OF BORROWER UNDER THE LOAN
DOCUMENTS OR THE EARLIER RELEASE OF THE LIEN OF THE MORTGAGE ENCUMBERING THE
PROPERTY (AND ALL RELATED OBLIGATIONS) IN ACCORDANCE WITH THE TERMS OF THIS LOAN
AGREEMENT AND THE OTHER LOAN DOCUMENTS, BORROWER HEREBY COVENANTS AND AGREES
WITH LENDER THAT:
5.1.1
EXISTENCE; COMPLIANCE WITH LEGAL REQUIREMENTS; INSURANCE. BORROWER
SHALL DO OR CAUSE TO BE DONE ALL THINGS NECESSARY TO PRESERVE, RENEW AND KEEP IN
FULL FORCE AND EFFECT ITS EXISTENCE, RIGHTS, LICENSES, PERMITS AND FRANCHISES
AND COMPLY WITH ALL LEGAL REQUIREMENTS APPLICABLE TO IT AND THE PROPERTY.
BORROWER SHALL NOT COMMIT, NOR SHALL BORROWER PERMIT ANY OTHER PERSON IN
OCCUPANCY OF OR INVOLVED WITH THE OPERATION OR USE OF THE PROPERTY TO COMMIT,
ANY ACT OR OMISSION AFFORDING THE FEDERAL GOVERNMENT OR ANY STATE OR LOCAL
GOVERNMENT THE RIGHT OF FORFEITURE AS AGAINST THE PROPERTY OR ANY PART THEREOF
OR ANY MONIES PAID IN PERFORMANCE OF BORROWER'S OBLIGATIONS UNDER ANY OF THE
LOAN DOCUMENTS. BORROWER HEREBY COVENANTS AND AGREES NOT TO COMMIT, PERMIT OR
SUFFER TO EXIST ANY ACT OR OMISSION AFFORDING SUCH RIGHT OF FORFEITURE. BORROWER
SHALL AT ALL TIMES MAINTAIN, PRESERVE AND PROTECT ALL ITS FRANCHISES AND TRADE
NAMES AND PRESERVE ALL THE REMAINDER OF ITS PROPERTY USED OR USEFUL IN THE
CONDUCT OF ITS BUSINESS AND SHALL KEEP THE PROPERTY IN GOOD WORKING ORDER AND
REPAIR, AND FROM TIME TO TIME MAKE, OR CAUSE TO BE MADE, ALL REASONABLY
NECESSARY REPAIRS, RENEWALS, REPLACEMENTS, BETTERMENTS AND IMPROVEMENTS THERETO,
ALL AS MORE FULLY PROVIDED IN THE MORTGAGE. BORROWER SHALL KEEP THE PROPERTY
INSURED AT ALL TIMES BY FINANCIALLY SOUND AND REPUTABLE INSURERS, TO SUCH EXTENT
AND AGAINST SUCH RISKS, AND MAINTAIN LIABILITY AND SUCH OTHER INSURANCE, AS IS
MORE FULLY PROVIDED IN THIS LOAN AGREEMENT. BORROWER SHALL OPERATE, OR CAUSE THE
TENANT TO OPERATE, ANY PROPERTY THAT IS THE SUBJECT OF AN O&M AGREEMENT (IF ANY)
IN ACCORDANCE WITH THE TERMS AND PROVISIONS THEREOF IN ALL MATERIAL RESPECTS.
AFTER PRIOR WRITTEN NOTICE TO LENDER, BORROWER, AT ITS OWN EXPENSE, MAY CONTEST
BY APPROPRIATE LEGAL PROCEEDING PROMPTLY INITIATED AND CONDUCTED IN GOOD FAITH
AND WITH DUE DILIGENCE, THE VALIDITY OF