PROVISION OF ANY PURCHASED ASSET TO WHICH THE SELLER IS A PARTY IN ANY MANNER
WHICH SHALL REASONABLY BE EXPECTED TO MATERIALLY AND ADVERSELY AFFECT THE VALUE
OF SUCH PURCHASED ASSET AS COLLATERAL.
THE SELLER WILL NOT, NOR WILL IT PERMIT
OR ALLOW OTHERS TO AMEND, MODIFY, TERMINATE OR WAIVE ANY PROVISION OF ANY LLC
AGREEMENT PURSUANT TO WHICH PURCHASED ASSETS HAVE BEEN ISSUED WITHOUT THE PRIOR
WRITTEN CONSENT OF THE BUYER.
R)
MAINTENANCE OF PROPERTY; INSURANCE.
THE
SELLER SHALL KEEP OR CAUSE THE RELATED OPERATOR OF THE MORTGAGED PROPERTIES TO
KEEP THE RELATED MORTGAGED PROPERTY IN GOOD WORKING ORDER AND CONDITION.
THE
SELLER SHALL MAINTAIN OR 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
35
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