TIME THE UNITED STATES OF
AMERICA, ANY STATE THEREOF OR ANY SUBDIVISION OF ANY SUCH STATE SHALL REQUIRE
REVENUE OR OTHER STAMPS TO BE AFFIXED TO THE NOTE, THIS MORTGAGE, OR ANY OF THE
OTHER LOAN DOCUMENTS OR IMPOSE ANY OTHER TAX OR CHARGE ON THE SAME, BORROWER
WILL PAY FOR THE SAME, WITH INTEREST AND PENALTIES THEREON, IF ANY.
SECTION 5.4.
SPLITTING OF MORTGAGE. THE
PROVISIONS OF SECTION 9.7 OF THE LOAN AGREEMENT ARE HEREBY INCORPORATED BY
REFERENCE HEREIN.
SECTION 5.5.
REPLACEMENT DOCUMENTS. UPON
RECEIPT OF AN AFFIDAVIT OF AN OFFICER OF LENDER AS TO THE LOSS, THEFT,
DESTRUCTION OR MUTILATION OF THE NOTE OR ANY OTHER LOAN DOCUMENT WHICH IS NOT OF
PUBLIC RECORD, AND, IN THE CASE OF ANY SUCH MUTILATION, UPON SURRENDER AND
CANCELLATION OF SUCH NOTE OR OTHER LOAN DOCUMENT, BORROWER WILL ISSUE, IN LIEU
THEREOF, A REPLACEMENT NOTE OR OTHER LOAN DOCUMENT, DATED THE DATE OF SUCH LOST,
STOLEN, DESTROYED OR MUTILATED NOTE OR OTHER LOAN DOCUMENT IN THE SAME PRINCIPAL
AMOUNT THEREOF AND OTHERWISE OF LIKE TENOR.
ARTICLE 6
DUE ON SALE/ENCUMBRANCE
SECTION 6.1.
LENDER RELIANCE. BORROWER
ACKNOWLEDGES THAT LENDER HAS EXAMINED AND RELIED ON THE EXPERIENCE OF BORROWER
AND ITS GENERAL PARTNERS, MEMBERS, PRINCIPALS AND (IF BORROWER IS A TRUST)
BENEFICIAL OWNERS IN OWNING AND OPERATING PROPERTIES SUCH AS THE PROPERTY IN
AGREEING TO MAKE THE LOAN, AND WILL CONTINUE TO RELY ON BORROWER'S OWNERSHIP OF
THE PROPERTY AS A MEANS OF MAINTAINING THE VALUE OF THE PROPERTY AS SECURITY FOR
REPAYMENT OF THE DEBT AND THE PERFORMANCE OF THE OTHER OBLIGATIONS. BORROWER
ACKNOWLEDGES THAT LENDER HAS A VALID INTEREST IN MAINTAINING THE VALUE OF THE
PROPERTY SO AS TO ENSURE THAT, SHOULD BORROWER DEFAULT IN THE REPAYMENT OF THE
DEBT OR THE PERFORMANCE OF THE OTHER OBLIGATIONS, LENDER CAN RECOVER THE DEBT BY
A SALE OF THE PROPERTY CONDUCTED IN ACCORDANCE WITH THE TERMS OF THE LOAN
DOCUMENTS AND APPLICABLE LAW.
SECTION 6.2.
NO SALE/ENCUMBRANCE. EXCEPT AS
SET FORTH IN SECTION 5.2.13 OF THE LOAN AGREEMENT, BORROWER AGREES THAT BORROWER
SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER, SELL, CONVEY, MORTGAGE,
GRANT, BARGAIN, ENCUMBER, PLEDGE, ASSIGN, OR OTHERWISE TRANSFER THE PROPERTY OR
ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, A GRANT OF AN EASEMENT,
RESTRICTION, COVENANT, RESERVATION OR RIGHT OF WAY (EXCEPT AS EXPRESSLY
PERMITTED IN SECTION 5.2.13 OF THE LOAN AGREEMENT), OR PERMIT THE PROPERTY OR
ANY PART THEREOF TO BE SOLD, CONVEYED, MORTGAGED, GRANTED, BARGAINED,
ENCUMBERED, PLEDGED, ASSIGNED, OR OTHERWISE TRANSFERRED, UNLESS LENDER SHALL
CONSENT THERETO IN ACCORDANCE WITH SECTION 6.4 HEREOF.
SECTION 6.3.
SALE/ENCUMBRANCE DEFINED. EXCEPT
AS PERMITTED PURSUANT TO THE TERMS OF SECTION 5.2.13 OF THE LOAN AGREEMENT, A
SALE, CONVEYANCE, MORTGAGE, GRANT, BARGAIN, ENCUMBRANCE, PLEDGE, ASSIGNMENT, OR
TRANSFER WITHIN THE MEANING OF THIS ARTICLE 6 SHALL BE DEEMED TO INCLUDE, BUT
NOT BE LIMITED TO, (A) AN INSTALLMENT SALES AGREEMENT WHEREIN BORROWER AGREES TO
SELL THE PROPERTY OR ANY PART THEREOF FOR A PRICE TO BE PAID IN INSTALLMENTS;
(B) AN AGREEMENT BY BORROWER