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 THE PRIOR WRITTEN CONSENT OF
LENDER.
BORROWER SHALL OBSERVE AND PERFORM, AND CAUSE SELLER TO OBSERVE AND
PERFORM, ITS SURVIVING OBLIGATIONS UNDER THE PURCHASE CONTRACT.
5.1.18
CONFIRMATION OF REPRESENTATIONS.
BORROWER SHALL
DELIVER, IN CONNECTION WITH ANY SECURITIZATION, (A) ONE OR MORE OFFICER'S
CERTIFICATES CERTIFYING AS TO THE ACCURACY OF ALL REPRESENTATIONS MADE BY
BORROWER IN THE LOAN DOCUMENTS AS OF THE DATE OF THE CLOSING OF SUCH
SECURITIZATION, AND (B) CERTIFICATES OF THE RELEVANT GOVERNMENTAL AUTHORITIES IN
ALL RELEVANT JURISDICTIONS INDICATING THE GOOD STANDING AND QUALIFICATION OF
BORROWER AND ITS MEMBER AS OF THE DATE OF THE SECURITIZATION.
5.1.19
NO JOINT ASSESSMENT.
BORROWER SHALL NOT SUFFER, PERMIT
OR INITIATE THE JOINT ASSESSMENT OF THE PROPERTY (A) WITH ANY OTHER REAL
PROPERTY CONSTITUTING A TAX LOT SEPARATE FROM THE PROPERTY, AND (B) WHICH
CONSTITUTES REAL PROPERTY WITH ANY PORTION OF THE PROPERTY WHICH MAY BE DEEMED
TO CONSTITUTE PERSONAL PROPERTY, OR ANY OTHER PROCEDURE WHEREBY THE LIEN OF ANY
TAXES WHICH MAY BE LEVIED AGAINST SUCH PERSONAL PROPERTY SHALL BE ASSESSED OR
LEVIED OR CHARGED TO SUCH REAL PROPERTY PORTION OF THE PROPERTY.
5.1.20
LEASING MATTERS.
ANY LEASES WITH RESPECT TO THE
PROPERTY WRITTEN AFTER THE CLOSING DATE FOR MORE THAN THE RELEVANT LEASING
THRESHOLD SQUARE FOOTAGE SHALL BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF
LENDER, WHICH APPROVAL MAY BE GIVEN OR WITHHELD IN THE SOLE DISCRETION OF
LENDER.
LENDER SHALL APPROVE OR DISAPPROVE ANY SUCH LEASE, OTHER THAN A LEASE
FOR ALL OR SUBSTANTIALLY ALL OF THE PROPERTY WHICH SHALL NOT BE SUBJECT TO SUCH
TEN BUSINESS-DAY PERIOD, WITHIN TEN (10) BUSINESS DAYS OF LENDER'S RECEIPT OF A
FINAL EXECUTION DRAFT OF SUCH LEASE (INCLUDING ALL EXHIBITS, SCHEDULES,
SUPPLEMENTS, ADDENDA OR OTHER AGREEMENTS RELATING THERETO) AND A WRITTEN NOTICE
FROM BORROWER REQUESTING LENDER'S APPROVAL TO SUCH LEASE, AND SUCH LEASE SHALL
BE DEEMED APPROVED, IF LENDER DOES NOT DISAPPROVE SUCH LEASE WITHIN SAID TEN
(10) BUSINESS DAY PERIOD PROVIDED SUCH WRITTEN NOTICE CONSPICUOUSLY STATES, IN
LARGE BOLD TYPE, THAT "PURSUANT TO SECTION 5.1.20 OF THE LOAN AGREEMENT, THE
LEASE SHALL BE DEEMED APPROVED IF LENDER DOES NOT RESPOND TO THE CONTRARY WITHIN
TEN (10) BUSINESS DAYS OF LENDER'S RECEIPT OF SUCH LEASE AND WRITTEN NOTICE".
BORROWER SHALL FURNISH LENDER WITH EXECUTED COPIES OF ALL LEASES.
ALL RENEWALS
OF LEASES AND ALL PROPOSED LEASES SHALL PROVIDE FOR RENTAL RATES COMPARABLE TO
EXISTING
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LOCAL MARKET RATES (UNLESS SUCH RENTAL RATES ARE OTHERWISE SET FORTH IN THE
LEASES EXECUTED PRIOR TO THE CLOSING DATE).
ALL PROPOSED LEASES SHALL BE ON
COMMERCIALLY REASONABLE TERMS AND SHALL NOT CONTAIN ANY TERMS WHICH WOULD
MATERIALLY AFFECT LENDER'S RIGHTS UNDER THE LOAN DOCUMENTS.
ALL