THE PERMITTED EXCEPTIONS.
5.9
FURTHER ASSURANCES AND CORRECTIONS.
FROM
TIME TO TIME, AT THE REQUEST OF LENDER, BORROWER WILL (I) PROMPTLY CORRECT ANY
DEFECT, ERROR, OR OMISSION WHICH MAY BE DISCOVERED IN THE CONTENTS OF ANY OF THE
LOAN DOCUMENTS OR IN THE EXECUTION OR ACKNOWLEDGMENT THEREOF; (II) EXECUTE,
ACKNOWLEDGE, DELIVER, RECORD AND/OR FILE SUCH FURTHER INSTRUMENTS AND PERFORM
SUCH
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FURTHER ACTS AND PROVIDE SUCH FURTHER ASSURANCES AS MAY BE NECESSARY, DESIRABLE,
OR PROPER, IN LENDER'S REASONABLE JUDGMENT, TO CARRY OUT MORE EFFECTIVELY THE
PURPOSES OF THE LOAN DOCUMENTS; (III) EXECUTE, ACKNOWLEDGE, DELIVER, PROCURE,
FILE, AND/OR RECORD ANY DOCUMENT OR INSTRUMENT (INCLUDING WITHOUT LIMITATION,
ANY FINANCING STATEMENT) REASONABLY DEEMED ADVISABLE BY
LENDER TO PROTECT THE
LIENS AND THE SECURITY INTERESTS HEREIN GRANTED AGAINST THE RIGHTS OR INTERESTS
OF THIRD PERSONS; AND (IV) PAY ALL COSTS CONNECTED WITH ANY OF THE FOREGOING.
5.10
STATEMENT OF UNPAID BALANCE.
AT ANY TIME AND
FROM TIME TO TIME, BORROWER WILL FURNISH PROMPTLY, UPON THE REQUEST OF LENDER, A
WRITTEN STATEMENT OR AFFIDAVIT, IN FORM SATISFACTORY TO LENDER, CONFIRMING THE
UNPAID BALANCE OF THE INDEBTEDNESS AND THAT THERE ARE NO OFFSETS OR DEFENSES
AGAINST FULL PAYMENT OF THE INDEBTEDNESS AND THE TERMS HEREOF, OR IF THERE ARE
ANY SUCH OFFSETS OR DEFENSES, SPECIFYING THEM.
5.11
DISCLOSURES.
IF AT ANY TIME BORROWER SHALL
BECOME AWARE OF THE EXISTENCE OR OCCURRENCE OF ANY FINANCIAL OR ECONOMIC
CONDITIONS OR NATURAL DISASTERS WHICH WOULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT, BORROWER SHALL PROMPTLY NOTIFY LENDER OF THE EXISTENCE
OR OCCURRENCE THEREOF AND OF BORROWER'S OPINION AS TO WHAT EFFECTS SUCH MAY HAVE
ON THE MORTGAGED PROPERTY OR BORROWER.
BORROWER SHALL ALSO GIVE PROMPT NOTICE
TO LENDER OF (I)
ANY LITIGATION OR DISPUTE, THREATENED OR PENDING AGAINST OR
AFFECTING BORROWER, THE MORTGAGED PROPERTY OR ANY GUARANTOR WHICH COULD HAVE A
MATERIAL ADVERSE EFFECT, (II) ANY EVENT OF DEFAULT, (III) ANY DEFAULT BY
BORROWER OR ANY ACCELERATION OF ANY INDEBTEDNESS OWED BY BORROWER UNDER ANY
CONTRACT (IF SUCH DEFAULT OR ACCELERATION COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT), (IV) ANY DEFAULT BY GUARANTOR OR ANY ACCELERATION OF
ANY INDEBTEDNESS OWED BY THE GUARANTOR UNDER ANY CONTRACT TO WHICH GUARANTOR IS
A PARTY, AND (V) ANY CHANGE IN THE CHARACTER OF BORROWER'S BUSINESS AS IT
EXISTED ON THE DATE HEREOF THAT COULD RESULT IN A MATERIAL ADVERSE EFFECT.
5.12
DELIVERY OF CONTRACTS.
BORROWER WILL DELIVER TO
LENDER A COPY OF EACH CONTRACT PROMPTLY AFTER THE EXECUTION OF SAME BY ALL
PARTIES THERETO.
WITHIN THIRTY (30) DAYS AFTER A REQUEST BY LENDER,
BORROWER
SHALL PREPARE AND DELIVER TO LENDER A COMPLETE LISTING OF ALL CONTRACTS, SHOWING
DATE, TERM, PARTIES, SUBJECT MATTER, CONCESSIONS, WHETHER ANY DEFAULTS EXIST,
AND OTHER INFORMATION SPECIFIED BY
LENDER WITH RESPECT TO EACH OF SUCH
CONTRACTS, TOGETHER WITH A COPY THEREOF (IF SO REQUESTED BY LENDER).
5.13
NO CHANGES.
BORROWER WILL NOT MATERIALLY AMEND,
ALTER OR CHANGE (BY AMENDMENT OR OTHERWISE) ANY APPROVED LEASE, EXCEPT IN THE
ORDINARY COURSE OF PRUDENT OFFICE