PART THEREOF, SUBJECT ONLY TO LIENS
PERMITTED HEREUNDER (INCLUDING PERMITTED ENCUMBRANCES) AND (B) THE VALIDITY AND
PRIORITY OF THE LIEN OF THE SECURITY INSTRUMENT AND THE ASSIGNMENT OF LEASES,
SUBJECT ONLY TO LIENS PERMITTED HEREUNDER (INCLUDING PERMITTED ENCUMBRANCES), IN
EACH CASE AGAINST THE CLAIMS OF ALL PERSONS WHOMSOEVER.
BORROWER SHALL
REIMBURSE LENDER FOR ANY LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY LENDER IF AN INTEREST IN
THE PROPERTY, OTHER THAN AS PERMITTED HEREUNDER, IS CLAIMED BY ANOTHER PERSON.
5.1.14.
COSTS OF ENFORCEMENT.
IN THE EVENT (A) THAT THE SECURITY
INSTRUMENT IS FORECLOSED IN WHOLE OR IN PART OR THAT THE SECURITY INSTRUMENT IS
PUT INTO THE HANDS OF AN ATTORNEY FOR COLLECTION, SUIT, ACTION OR FORECLOSURE,
(B) OF THE FORECLOSURE OF ANY MORTGAGE PRIOR TO OR SUBSEQUENT TO THE SECURITY
INSTRUMENT IN WHICH PROCEEDING LENDER IS MADE A PARTY, OR (C) OF THE BANKRUPTCY,
INSOLVENCY, REHABILITATION OR OTHER SIMILAR PROCEEDING IN RESPECT OF BORROWER OR
ANY OF ITS CONSTITUENT PERSONS OR AN ASSIGNMENT BY BORROWER OR ANY OF ITS
CONSTITUENT PERSONS FOR THE BENEFIT OF ITS CREDITORS, BORROWER, ITS SUCCESSORS
OR ASSIGNS, SHALL BE CHARGEABLE WITH AND AGREES TO PAY ALL COSTS OF COLLECTION
AND DEFENSE, INCLUDING ATTORNEYS' FEES AND COSTS, INCURRED BY LENDER OR BORROWER
IN CONNECTION THEREWITH AND IN CONNECTION WITH ANY APPELLATE PROCEEDING OR
POST-JUDGMENT ACTION INVOLVED THEREIN, TOGETHER WITH ALL REQUIRED SERVICE OR USE
TAXES.
5.1.15.
ESTOPPEL STATEMENT.
(A)
AFTER REQUEST BY LENDER, BORROWER SHALL
WITHIN TEN (10) DAYS FURNISH LENDER WITH A STATEMENT, DULY ACKNOWLEDGED AND
CERTIFIED, SETTING FORTH (I) THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN, (II) THE
UNPAID PRINCIPAL AMOUNT OF THE LOAN, (III) THE APPLICABLE INTEREST RATE OF THE
LOAN, (IV) THE DATE INSTALLMENTS OF INTEREST AND/OR PRINCIPAL WERE LAST PAID,
(V) ANY OFFSETS OR DEFENSES TO THE PAYMENT OF THE DEBT, IF ANY, AND (VI) THAT
THE NOTE, THIS AGREEMENT, THE SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS
ARE VALID, LEGAL AND BINDING OBLIGATIONS AND HAVE NOT BEEN MODIFIED OR IF
MODIFIED, GIVING PARTICULARS OF SUCH MODIFICATION.
(B)
BORROWER SHALL UPON LENDER'S REQUEST,
REQUEST AND USE ALL REASONABLE EFFORTS TO OBTAIN TENANT ESTOPPEL CERTIFICATES
FROM EACH COMMERCIAL TENANT LEASING SPACE AT THE PROPERTY IN FORM AND SUBSTANCE
REASONABLY SATISFACTORY TO LENDER PROVIDED THAT BORROWER SHALL NOT BE REQUIRED
TO REQUEST SUCH CERTIFICATES MORE FREQUENTLY THAN TWO (2) TIMES IN ANY CALENDAR
YEAR.
5.1.16.
LOAN PROCEEDS.
BORROWER SHALL USE THE PROCEEDS OF THE
LOAN RECEIVED BY IT ON THE CLOSING DATE ONLY FOR THE PURPOSES SET FORTH IN
SECTION 2.1.2 AND SECTION 2.1.3 AS APPLICABLE.
5.1.17.
PERFORMANCE BY BORROWER PARTIES.
EACH BORROWER PARTY
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, SUCH BORROWER PARTY, AND SHALL NOT ENTER INTO OR OTHERWISE SUFFER
OR PERMIT ANY AMENDMENT, WAIVER, SUPPLEMENT, TERMINATION OR OTHER
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MODIFICATION OF ANY LOAN DOCUMENT EXECUTED AND DELIVERED BY, OR APPLICABLE TO,
BORROWER