THE LIEN OF THE RELATED MORTGAGE); (II) REFUND TO
OBLIGORS ANY SUMS AS MAY BE DETERMINED TO BE OVERAGES; (III) PAY INTEREST, IF
REQUIRED AND AS DESCRIBED BELOW IN CLAUSE (B), TO OBLIGORS ON BALANCES IN THE
SERVICING ACCOUNT; (IV) CLEAR AND TERMINATE THE SERVICING ACCOUNT AT THE
TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 8.01; OR (V) WITHDRAW
ANY AMOUNTS DEPOSITED IN ERROR; PROVIDED, HOWEVER, THAT LEASE SECURITY DEPOSITS
MAY NOT BE WITHDRAWN FOR SUCH PURPOSES AND SHALL BE WITHDRAWN ONLY IN ACCORDANCE
WITH THE TERMS OF THE RELATED LEASE, TO BE REPAID TO THE RELATED TENANT OR
APPLIED IN FULL OR PARTIAL SATISFACTION OF THE OBLIGATIONS OF THE RELATED TENANT
IN ACCORDANCE WITH THE SERVICING STANDARD (FOR APPLICATION IN THE SAME MANNER AS
PAYMENTS IN RESPECT OF SUCH OBLIGATIONS). ANY REMAINING PORTION OF SUCH LEASE
SECURITY DEPOSIT SHALL BE WITHDRAWN BY THE PROPERTY MANAGER FROM THE SERVICING
ACCOUNT AND DEPOSITED INTO THE COLLECTION ACCOUNT AND SHALL CONSTITUTE PART OF
THE AVAILABLE AMOUNT ON THE NEXT PAYMENT DATE.
(B)
THE PROPERTY MANAGER AND THE SPECIAL SERVICER SHALL
EACH PAY OR CAUSE TO BE PAID TO THE OBLIGORS INTEREST, IF ANY, EARNED ON THE
INVESTMENT OF FUNDS IN SERVICING ACCOUNTS MAINTAINED THEREBY, IF REQUIRED BY LAW
OR THE TERMS OF THE RELATED LEASE OR MORTGAGE LOAN. IF THE PROPERTY MANAGER OR
THE SPECIAL SERVICER SHALL DEPOSIT IN A SERVICING ACCOUNT ANY AMOUNT NOT
REQUIRED TO BE DEPOSITED THEREIN, IT MAY AT ANY TIME WITHDRAW SUCH AMOUNT FROM
SUCH SERVICING ACCOUNT, ANY PROVISION HEREIN TO THE CONTRARY NOTWITHSTANDING.
(C)
EACH OF THE PROPERTY MANAGER AND THE SPECIAL
SERVICER SHALL, AS TO THOSE MORTGAGED PROPERTIES AND MORTGAGE LOANS IT IS
OBLIGATED TO SERVICE HEREUNDER, MAINTAIN ACCURATE RECORDS WITH RESPECT TO ANY
MORTGAGED PROPERTY AND MORTGAGE LOAN REFLECTING THE STATUS OF REAL ESTATE TAXES,
GROUND RENTS, ASSESSMENTS AND OTHER SIMILAR ITEMS THAT ARE OR MAY BECOME A LIEN
THEREON, AND THE STATUS OF INSURANCE PREMIUMS PAYABLE IN RESPECT THEREOF THAT,
IN EACH CASE, THE RELATED OBLIGOR IS CONTRACTUALLY OR LEGALLY OBLIGATED TO PAY
UNDER THE TERMS OF THE APPLICABLE LEASE OR MORTGAGE LOAN, AND THE PROPERTY
MANAGER SHALL EFFECT PAYMENT THEREOF, AS A PROPERTY PROTECTION ADVANCE OR
OTHERWISE AS PAYMENT OF AN EMERGENCY PROPERTY EXPENSE FROM FUNDS ON DEPOSIT IN
THE COLLECTION ACCOUNT, AS DESCRIBED BELOW, IF NOT PAID BY SUCH OBLIGOR PRIOR TO
THE APPLICABLE PENALTY OR TERMINATION DATE, PROMPTLY AFTER THE PROPERTY MANAGER
RECEIVES ACTUAL NOTICE FROM ANY SOURCE OF SUCH NONPAYMENT BY SUCH OBLIGOR. FOR
PURPOSES OF EFFECTING ANY SUCH PAYMENT FOR WHICH IT IS RESPONSIBLE, THE PROPERTY
MANAGER OR THE SPECIAL SERVICER, AS THE CASE MAY BE, SHALL APPLY ESCROW PAYMENTS
AS ALLOWED UNDER THE TERMS OF THE RELATED LEASE OR MORTGAGE LOAN OR, IF SUCH
LEASE OR MORTGAGE LOAN DOES NOT REQUIRE THE RELATED OBLIGOR TO ESCROW FOR THE
PAYMENT OF REAL ESTATE TAXES, ASSESSMENTS AND INSURANCE PREMIUMS, EACH OF THE
PROPERTY MANAGER AND THE SPECIAL SERVICER SHALL, AS TO THOSE LEASES AND MORTGAGE
LOANS IT IS