IDENTIFIED ON THE OFAC LIST OR
OTHERWISE QUALIFIES AS A PROHIBITED PERSON, AND BORROWER AND SPE PLEDGOR HAVE
IMPLEMENTED PROCEDURES, APPROVED BY BORROWER AND, IF APPLICABLE, GENERAL
PARTNER, TO ENSURE THAT NO PERSON WHO NOW OR HEREAFTER OWNS AN EQUITY
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INTEREST IN BORROWER, SPE PLEDGOR OR GENERAL PARTNER IS A PROHIBITED PERSON OR
CONTROLLED BY A PROHIBITED PERSON, (II) NO PROCEEDS OF THE LOAN WILL BE USED TO
FUND ANY OPERATIONS IN, FINANCE ANY INVESTMENTS OR ACTIVITIES IN OR MAKE ANY
PAYMENTS TO, PROHIBITED PERSONS, AND (III) NONE OF BORROWER, SPE PLEDGOR,
GENERAL PARTNER, OR ANY GUARANTOR ARE IN VIOLATION OF ANY LEGAL REQUIREMENTS
RELATING TO ANTI-MONEY LAUNDERING OR ANTI-TERRORISM, INCLUDING, WITHOUT
LIMITATION, LEGAL REQUIREMENTS RELATED TO TRANSACTING BUSINESS WITH PROHIBITED
PERSONS OR THE REQUIREMENTS OF THE UNITING AND STRENGTHENING AMERICA BY
PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM ACT OF
2001, U.S. PUBLIC LAW 107-56, AND THE RELATED REGULATIONS ISSUED THEREUNDER,
INCLUDING TEMPORARY REGULATIONS, ALL AS AMENDED FROM TIME TO TIME.
NO TENANT
UNDER A SPACE LEASE AT THE PROPERTY CURRENTLY IS IDENTIFIED ON THE OFAC LIST OR
OTHERWISE QUALIFIES AS A PROHIBITED PERSON, AND, TO THE BEST OF BORROWER'S
KNOWLEDGE, NO TENANT AT THE PROPERTY IS OWNED OR CONTROLLED BY A PROHIBITED
PERSON.
BORROWER HAS DETERMINED THAT MANAGER HAS IMPLEMENTED PROCEDURES,
APPROVED BY BORROWER, TO ENSURE THAT NO TENANT UNDER A SPACE LEASE AT THE
PROPERTY IS A PROHIBITED PERSON OR OWNED OR CONTROLLED BY A PROHIBITED PERSON.
SECTION 2.03.
FURTHER ACTS, ETC.
BORROWER WILL, AT THE COST OF BORROWER, AND
WITHOUT EXPENSE TO LENDER, DO, EXECUTE, ACKNOWLEDGE AND DELIVER ALL AND EVERY
SUCH FURTHER ACTS, DEEDS, CONVEYANCES, MORTGAGES OR DEEDS OF TRUST, AS
APPLICABLE, ASSIGNMENTS, NOTICES OF ASSIGNMENTS, TRANSFERS AND ASSURANCES AS
LENDER OR TRUSTEE SHALL, FROM TIME TO TIME, REASONABLY REQUIRE FOR THE BETTER
ASSURING, CONVEYING, ASSIGNING, TRANSFERRING, AND CONFIRMING UNTO LENDER AND
TRUSTEE THE PROPERTY AND RIGHTS HEREBY MORTGAGED, GIVEN, GRANTED, BARGAINED,
SOLD, ALIENATED, ENFEOFFED, CONVEYED, CONFIRMED, PLEDGED, ASSIGNED AND
HYPOTHECATED, OR WHICH BORROWER MAY BE OR MAY HEREAFTER BECOME BOUND TO CONVEY
OR ASSIGN TO LENDER AND TRUSTEE, OR FOR CARRYING OUT OR FACILITATING THE
PERFORMANCE OF THE TERMS OF THIS SECURITY INSTRUMENT OR FOR FILING, REGISTERING
OR RECORDING THIS SECURITY INSTRUMENT AND, ON DEMAND, WILL EXECUTE AND DELIVER
AND HEREBY AUTHORIZES LENDER TO EXECUTE IN THE NAME OF BORROWER OR WITHOUT THE
SIGNATURE OF BORROWER TO THE EXTENT LENDER MAY LAWFULLY DO SO, ONE OR MORE
FINANCING STATEMENTS, CHATTEL MORTGAGES OR COMPARABLE SECURITY INSTRUMENTS TO
EVIDENCE MORE EFFECTIVELY THE LIEN HEREOF UPON THE PROPERTY.
BORROWER HEREBY
AUTHORIZES LENDER AND TRUSTEE, SEVERALLY, TO FILE ANY FINANCING STATEMENTS, AND
AMENDMENTS TO FINANCING STATEMENTS, IN ANY JURISDICTIONS AND WITH ANY FILING
OFFICES AS LENDER OR TRUSTEE, SEVERALLY, MAY DETERMINE, IN ITS SOLE DISCRETION,
ARE NECESSARY OR ADVISABLE TO PERFECT THE SECURITY INTEREST GRANTED TO TRUSTEE
HEREUNDER.
SUCH FINANCING STATEMENTS MAY DESCRIBE THE COLLATERAL IN THE SAME
MANNER AS DESCRIBED IN THIS DOCUMENT OR MAY CONTAIN AN INDICATION OR DESCRIPTION
OF COLLATERAL THAT