SUBACCOUNT.
AGENT SHALL DIRECT THE DEPOSITARY HOLDING CASH FLOW
COLLECTION ACCOUNT TO MAKE DISBURSEMENTS FROM THE WACHOVIA TERMINATION PAYMENT
RESERVE SUBACCOUNT TO BORROWER FROM TIME TO TIME FOR APPROVED LEASING COSTS IN
ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN SECTIONS 3.2 AND 3.3 HEREOF OR AS
SET FORTH IN THE DEFINITION OF "APPROVED LEASING COSTS" SET FORTH IN SECTION 1.1
HEREOF .
UPON REPAYMENT IN FULL OF THE OUTSTANDING PRINCIPAL AMOUNT OF THE
LOAN, TOGETHER WITH ALL INTEREST AND OTHER INDEBTEDNESS DUE AND PAYABLE IN
CONNECTION THEREWITH, AND ALL OTHER OUTSTANDING OBLIGATIONS AND SUMS PAYABLE
UNDER THE LOAN DOCUMENTS, AGENT SHALL DIRECT THE DEPOSITARY HOLDING THE CASH
FLOW COLLECTION ACCOUNT TO DISBURSE ANY FUNDS REMAINING ON DEPOSIT THEREIN,
INCLUDING ANY FUNDS THEN REMAINING IN THE WACHOVIA TERMINATION PAYMENT RESERVE
SUBACCOUNT TO BORROWER.
(G)
FOLLOWING THE OCCURRENCE AND DURING THE CONTINUATION OF AN EVENT
OF DEFAULT, (I) BORROWER AND MANAGER SHALL HAVE NO RIGHT TO, AND BORROWER
COVENANTS THAT IT SHALL NOT AND SHALL NOT PERMIT MANAGER, TO WITHDRAW ANY
AMOUNTS FROM THE OPERATING ACCOUNT, EXCEPT AS MAY BE APPROVED BY AGENT,
(II) AGENT MAY DIRECT THAT ALL SUMS ON DEPOSIT IN THE OPERATING ACCOUNT BE
TRANSFERRED TO THE CASH FLOW COLLECTION ACCOUNT AND (III) AGENT SHALL HAVE THE
RIGHTS AND REMEDIES WITH RESPECT TO THE OPERATING ACCOUNT SPECIFIED IN THIS LOAN
AGREEMENT OR IN ANY OTHER LOAN DOCUMENT.
IF HELD AT AGENT, SUMS ON DEPOSIT IN
THE OPERATING ACCOUNT MAY BE COMMINGLED WITH THE GENERAL FUNDS OF AGENT.
SECTION 2.17.
Releases.
(A)
GENERALLY.
BORROWER MAY OBTAIN A RELEASE (A "RELEASE")
OF THE LIEN OF A MORTGAGE AND AGENT'S AND LENDERS' OTHER LIENS (OR AT BORROWERS'
SOLE COST AND EXPENSE, AN ASSIGNMENT OF SUCH MORTGAGE BY AGENT, WITHOUT
RECOURSE, REPRESENTATION OR WARRANTY) WITH RESPECT TO ANY PROPERTY UPON AT LEAST
TWENTY (20) DAYS' PRIOR WRITTEN NOTICE TO AGENT (WHICH NOTICE SHALL SPECIFY THE
PROPERTY OR PROPERTIES BEING RELEASED AND THE AMOUNT OF THE RELEASE PRICE OR
RELEASE PRICES, AS APPLICABLE, BEING PREPAID AND SUBJECT TO BORROWER'S PAYMENT
OF ANY
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ADDITIONAL INTEREST AND AGENT'S REASONABLE OUT-OF-POCKET COSTS ARISING AS A
RESULT OF THE REVOCATION OF SUCH NOTICE, MAY BE REVOKED OR EXTENDED AT ANY TIME
UP ON OR PRIOR TO THE DATE SPECIFIED IN SUCH NOTICE) SUBJECT TO ALL OF THE
FOLLOWING CONDITIONS:
(I)
NO FIRST TIER DEFAULT OR EVENT OF DEFAULT SHALL HAVE OCCURRED AND
BE CONTINUING AS OF THE DATE OF A RELEASE (THE "RELEASE DATE") OR SHALL ARISE AS
A RESULT OF SUCH RELEASE UNLESS, AFTER GIVING EFFECT TO SUCH RELEASE, NO FIRST
TIER DEFAULT OR EVENT OF DEFAULT SHALL EXIST;
(II)
BORROWER SHALL MAKE A PREPAYMENT OF THE LOAN PURSUANT TO
SECTION 2.4(B) HEREOF IN AN AMOUNT EQUAL TO THE RELEASE PAYMENT;
(III)
BORROWER SHALL HAVE DELIVERED TO AGENT SUCH DOCUMENTS AMENDING
THE LOAN DOCUMENTS TO REFLECT SUCH RELEASE AND SUCH OTHER DOCUMENTS, AGREEMENTS
AND INSTRUMENTS TO REFLECT SUCH RELEASE AS AGENT OR COUNSEL TO AGENT SHALL
REASONABLY REQUEST, IN EACH CASE IN FORM AND SUBSTANCE REASONABLY