ALSO MORTGAGED PROPERTIES.
THE RELATED BORROWER IS THE SOLE LESSOR UNDER THE
RELATED LEASE.
(III)
THE RELATED MORTGAGED PROPERTY WITH RESPECT TO SUCH LOAN IS
(I) FREE OF ANY DAMAGE THAT WOULD MATERIALLY AND ADVERSELY AFFECT THE USE OR
VALUE OF SUCH RELATED MORTGAGED PROPERTY, (II) IN GOOD REPAIR AND CONDITION SO
AS NOT TO MATERIALLY AND ADVERSELY AFFECT THE USE OR VALUE OF SUCH RELATED
MORTGAGED PROPERTY; AND ALL BUILDING SYSTEMS CONTAINED IN SUCH RELATED MORTGAGED
PROPERTY ARE IN GOOD WORKING ORDER SO AS NOT TO MATERIALLY AND ADVERSELY AFFECT
THE USE OR VALUE OF SUCH RELATED MORTGAGED PROPERTY.
12
(JJJ)
ALL SECURITY DEPOSITS COLLECTED IN CONNECTION WITH THE RELATED
MORTGAGED PROPERTY AND THE RELATED LEASE WITH RESPECT TO SUCH LOAN ARE BEING
HELD IN ACCORDANCE WITH ALL APPLICABLE LAWS.
(KKK)
SELLER HAS TAKEN (OR HAS CAUSED TO BE TAKEN) ALL SUCH ACTIONS AND
PRECAUTIONS AS A REASONABLY PRUDENT LENDER WOULD TAKE TO PROTECT AND PRESERVE
THE COLLATERAL
WITH RESPECT TO SUCH LOAN AND ITS SECURITY INTEREST IN SUCH
COLLATERAL, INCLUDING WITHOUT LIMITATION, NOTATION OF THE SELLER AS LIEN HOLDER
ON ANY CERTIFICATES OF TITLE TO PROPERTY THE NATURE OF WHICH IS SUCH THAT
OWNERSHIP THEREOF IS EVIDENCED BY A CERTIFICATE OF TITLE, WHERE SUCH NOTATION IS
REQUIRED UNDER APPLICABLE LAW TO PERFECT THE INTEREST THEREIN.
(LLL)
EACH RELATED MORTGAGE AND EVERY OTHER LOAN DOCUMENT WITH RESPECT
TO SUCH LOAN, CONTAINS CUSTOMARY AND ENFORCEABLE PROVISIONS SO AS TO RENDER THE
RIGHTS AND REMEDIES OF THE HOLDER THEREOF ADEQUATE FOR THE PRACTICAL REALIZATION
OF THE BENEFITS OF THE SECURITY INTERESTS INTENDED TO BE PROVIDED THEREBY,
INCLUDING, WHERE APPLICABLE, BY JUDICIAL FORECLOSURE, SUBJECT TO THE LIMITATIONS
DESCRIBED IN THE NEXT SUCCEEDING SENTENCE.
THERE IS NO EXEMPTION UNDER EXISTING
LAW AVAILABLE TO THE RELATED BORROWER WHICH WOULD INTERFERE WITH THE COLLATERAL
AGENT'S RIGHT TO FORECLOSE OR TO REALIZE UPON THE RELATED MORTGAGE OR, AS
APPLICABLE, ANY OTHER RELATED LOAN DOCUMENT OTHER THAN WHICH MAY BE AVAILABLE
UNDER THE INSOLVENCY LAWS, OTHER LAWS OF GENERAL APPLICATION RELATING TO OR
AFFECTING THE ENFORCEMENT OF CREDITORS' RIGHTS GENERALLY, APPLICABLE DEBT RELIEF
OR HOMESTEAD STATUTES OR GENERAL PRINCIPLES OF EQUITY.
(MMM)
SUCH LOAN IS WITH FULL RECOURSE TO THE RELATED BORROWER.
(NNN)
WITH RESPECT TO SUCH LOAN, AS OF THE DATE OF ORIGINATION, THE
APPRAISED VALUE OF THE MORTGAGED PROPERTY RELATING TO SUCH LOAN WAS AT LEAST
100% OF THE PRINCIPAL AMOUNT OF SUCH LOAN.
(OOO)
THERE HAS BEEN PERFORMED, NOT MORE THAN SIX MONTHS PRIOR TO THE
ORIGINATION DATE FOR SUCH LOAN, AN APPRAISAL OF THE RELATED MORTGAGED PROPERTY.
(PPP)
ALL PRINCIPAL, INTEREST AND ANY OTHER AMOUNTS DUE UNDER SUCH LOAN ARE
PAYABLE IN U.S. DOLLARS.
INTEREST AND, AS APPLICABLE, PRINCIPAL WITH RESPECT TO
SUCH LOAN IS PAYABLE ON A MONTHLY BASIS.
(QQQ)
NONE OF THE RELATED BORROWER, THE SELLER OR ANY OFFICER, DIRECTOR,
EMPLOYEE, MEMBER OR AFFILIATE THEREOF IS AN OFFICER, DIRECTOR, EMPLOYEE,
SHAREHOLDER, PARTNER OR AFFILIATE OF THE RELATED TENANT (UNLESS OTHERWISE
DISCLOSED TO THE AGENT IN THE UNDERWRITING PACKAGE).
(RRR)
THE