PROPERTY,
SUBJECT ONLY TO LIENS PERMITTED HEREUNDER (INCLUDING PERMITTED ENCUMBRANCES), IN
EACH CASE AGAINST THE CLAIMS OF ALL PERSONS WHOMSOEVER. BORROWER SHALL REIMBURSE
LENDER FOR ANY LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES AND COURT COSTS) INCURRED BY LENDER IF AN INTEREST IN THE
PROPERTY, OTHER THAN AS PERMITTED HEREUNDER, IS CLAIMED BY ANOTHER PERSON.
5.1.14
COSTS OF ENFORCEMENT. IN THE EVENT (A) THAT THE MORTGAGE ENCUMBERING
THE PROPERTY IS FORECLOSED IN WHOLE OR IN PART OR THAT THE MORTGAGE IS PUT INTO
THE HANDS OF AN ATTORNEY FOR COLLECTION, SUIT, ACTION OR FORECLOSURE, (B) OF THE
FORECLOSURE OF ANY MORTGAGE PRIOR TO OR SUBSEQUENT TO THE MORTGAGE ENCUMBERING
THE PROPERTY IN WHICH PROCEEDING LENDER IS MADE A PARTY, OR (C) OF THE
BANKRUPTCY, INSOLVENCY, REHABILITATION OR OTHER SIMILAR PROCEEDING IN RESPECT OF
BORROWER OR ANY OF ITS CONSTITUENT PERSONS OR AN ASSIGNMENT BY BORROWER OR ANY
OF ITS CONSTITUENT PERSONS FOR THE BENEFIT OF ITS CREDITORS, BORROWER, ITS
SUCCESSORS OR ASSIGNS, SHALL BE CHARGEABLE WITH AND AGREES TO PAY ALL COSTS OF
COLLECTION AND DEFENSE, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, INCURRED
BY LENDER OR BORROWER IN CONNECTION THEREWITH AND IN CONNECTION WITH ANY
APPELLATE PROCEEDING OR POST-JUDGMENT ACTION INVOLVED THEREIN, TOGETHER WITH ALL
REQUIRED SERVICE OR USE TAXES.
5.1.15
ESTOPPEL STATEMENT. (A)
AFTER REQUEST BY LENDER, BORROWER SHALL
WITHIN TEN (10) DAYS FURNISH LENDER WITH A STATEMENT, DULY ACKNOWLEDGED AND
CERTIFIED, SETTING FORTH (I) THE AMOUNT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE
NOTE, (II) THE UNPAID PRINCIPAL AMOUNT OF THE NOTE, (III) THE APPLICABLE
INTEREST RATE OF THE NOTE, (IV) THE DATE INSTALLMENTS OF INTEREST AND/OR
PRINCIPAL WERE LAST PAID, (V) ANY OFFSETS OR DEFENSES TO THE PAYMENT OF THE
DEBT, IF ANY, AND (VI) THAT THE NOTE, THIS LOAN AGREEMENT, THE MORTGAGE AND THE
OTHER LOAN DOCUMENTS ARE VALID, LEGAL AND BINDING OBLIGATIONS AND HAVE NOT BEEN
MODIFIED OR IF MODIFIED, GIVING PARTICULARS OF SUCH MODIFICATION.
(B)
BORROWER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO DELIVER TO
LENDER UPON REQUEST, TENANT ESTOPPEL CERTIFICATES FROM EACH COMMERCIAL TENANT
LEASING SPACE AT THE PROPERTY IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO
LENDER PROVIDED THAT BORROWER SHALL
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NOT BE REQUIRED TO DELIVER SUCH CERTIFICATES MORE FREQUENTLY THAN ONE (1) TIME
IN ANY CALENDAR YEAR.
(C)
WITHIN THIRTY (30) DAYS OF REQUEST BY BORROWER, LENDER SHALL
DELIVER TO BORROWER A STATEMENT SETTING FORTH THE ITEMS DESCRIBED AT (A)(I),
(II), (III) AND (IV) OF THIS SECTION 5.1.15.
5.1.16
LOAN PROCEEDS. BORROWER SHALL USE THE PROCEEDS OF THE LOAN RECEIVED
BY IT ON THE CLOSING DATE ONLY FOR THE PURPOSES SET FORTH IN SECTION 2.1.4.
5.1.17
PERFORMANCE BY BORROWER. BORROWER SHALL IN A TIMELY MANNER OBSERVE,
PERFORM AND FULFILL EACH AND EVERY COVENANT, TERM AND PROVISION OF EACH LOAN
DOCUMENT EXECUTED AND DELIVERED BY, OR APPLICABLE TO, BORROWER, AND SHALL NOT
ENTER INTO OR OTHERWISE SUFFER OR PERMIT ANY AMENDMENT, WAIVER, SUPPLEMENT,
TERMINATION OR OTHER MODIFICATION OF ANY LOAN DOCUMENT EXECUTED AND DELIVERED
BY, OR APPLICABLE TO, BORROWER WITHOUT