CAUSE THE RELATED MORTGAGOR OR TENANT UNDER A MORTGAGE OR LEASE AS
OPERATOR OF THE MORTGAGED PROPERTY TO MAINTAIN THE INSURANCE IN FORM AND AMOUNT
AS REQUIRED UNDER THE RELATED MORTGAGE OR LEASE AND SHALL NOT REDUCE SUCH
COVERAGE WITHOUT THE WRITTEN CONSENT OF THE BUYER, AND SHALL ALSO MAINTAIN OR
CAUSE THE TENANT UNDER THE TERMS OF THE LEASE TO MAINTAIN SUCH INSURANCE WITH
FINANCIALLY SOUND AND REPUTABLE INSURANCE COMPANIES, AND WITH RESPECT TO
PROPERTY AND RISKS OF A CHARACTER USUALLY MAINTAINED BY ENTITIES ENGAGED IN THE
SAME OR SIMILAR BUSINESS SIMILARLY SITUATED, AGAINST LOSS, DAMAGE AND LIABILITY
OF THE KINDS AND IN THE AMOUNTS CUSTOMARILY MAINTAINED BY SUCH ENTITIES.
THE
SCHEDULE OF INSURANCE ATTACHED AS SCHEDULE B HERETO SETS FORTH THE INSURANCE IN
EFFECT ON THE INITIAL PURCHASE DATE.
S)
FURTHER IDENTIFICATION OF COLLATERAL. THE SELLER WILL FURNISH TO
THE BUYER FROM TIME TO TIME STATEMENTS AND SCHEDULES FURTHER IDENTIFYING AND
DESCRIBING THE PURCHASED ASSETS AND SUCH OTHER REPORTS IN CONNECTION WITH THE
PURCHASED ASSETS AS THE BUYER MAY REASONABLY REQUEST, ALL IN REASONABLE DETAIL.
T)
PURCHASED ASSET DETERMINED TO BE DEFECTIVE.
UPON DISCOVERY BY
THE SELLER OR THE BUYER OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY LISTED
ON APPENDIX A HERETO APPLICABLE TO ANY PURCHASED ASSET THAT WOULD RESULT IN THE
PURCHASED ASSET NOT BEING AN ELIGIBLE ASSET, THE PARTY DISCOVERING SUCH BREACH
SHALL PROMPTLY GIVE NOTICE OF SUCH DISCOVERY TO THE OTHER.
U)
ILLEGAL ACTIVITIES; ANTI-MONEY LAUNDERING LAWS. THE SELLER HAS
NOT ENGAGED, IS NOT ENGAGING, AND SHALL NOT IN THE FUTURE ENGAGE IN ANY CONDUCT
OR ACTIVITY THAT COULD SUBJECT ITS ASSETS TO FORFEITURE OR SEIZURE, INCLUDING
WITHOUT LIMITATION, CONDUCT OR ACTIVITIES IN VIOLATION OF THE RACKETEER
INFLUENCED AND CORRUPT ORGANIZATIONS ACT, THE BANK SECRECY ACT OR NARCOTIC DRUG
LAWS.
THE SELLER HAS COMPLIED WITH ALL APPLICABLE ANTI-MONEY LAUNDERING LAWS
AND REGULATIONS, INCLUDING WITHOUT LIMITATION THE USA PATRIOT ACT OF 200L
(COLLECTIVELY, THE "ANTI MONEY LAUNDERING LAWS").
AS AND TO THE EXTENT REQUIRED
BY THE ANTI MONEY LAUNDERING LAWS, THE SELLER (I) HAS CONDUCTED THE REQUISITE
DUE DILIGENCE IN CONNECTION WITH THE ORIGINATION OF EACH PURCHASED ASSET FOR
PURPOSES OF THE ANTI-MONEY LAUNDERING LAWS, INCLUDING WITH RESPECT TO THE
LEGITIMACY OF THE APPLICABLE MORTGAGOR, DEALERSHIP GUARANTOR, OTHER OBLIGOR, AND
THEIR RESPECTIVE PRINCIPALS, AND THE ORIGIN OF THE ASSETS USED BY THE SAID
MORTGAGOR TO PURCHASE THE PROPERTY IN QUESTION, AND (II) MAINTAINS, AND WILL
MAINTAIN, SUFFICIENT INFORMATION TO IDENTIFY THE APPLICABLE MORTGAGOR AND ITS
PRINCIPALS, FOR PURPOSES OF THE ANTI-MONEY LAUNDERING LAWS.
NO PURCHASED ASSET
IS SUBJECT TO NULLIFICATION PURSUANT TO EXECUTIVE ORDER 13224 (THE "EXECUTIVE
ORDER") OR THE REGULATIONS PROMULGATED BY THE OFFICE OF FOREIGN ASSETS CONTROL
OF THE UNITED STATES DEPARTMENT OF THE TREASURY (THE "OFAC REGULATIONS") OR IN
VIOLATION OF THE EXECUTIVE ORDER OR THE OFAC REGULATIONS, AND NO MORTGAGOR OR
ANY OF ITS PRINCIPALS, IS SUBJECT TO THE PROVISIONS OF SUCH EXECUTIVE ORDER OR
THE OFAC REGULATIONS NOR LISTED AS A "BLOCKED PERSON" FOR PURPOSES OF THE OFAC
REGULATIONS.
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