subject Lender or
Borrower to the risk of civil or criminal liability (other than the civil
liability of Borrower for the amount of the lien in question), (vi) such lien is
subordinate to the lien of this Security Instrument, (vii) Borrower has not
consented to such lien, (viii) Borrower has given Lender prompt notice of the
filing of such lien and, upon request by Lender from time to time, notice of the
status of such contest by Borrower and/or confirmation of the continuing
satisfaction of the conditions set forth in this Section 2.06(c), (ix) Borrower
shall promptly pay the obligation secured by such lien upon a final
determination of Borrower's liability therefor, and (x) unless Borrower has paid
the contested amount, if reasonably requested by Lender, Borrower shall deliver
to Lender cash, a bond or other security acceptable to Lender equal to 125% of
the contested amount pursuant to collateral arrangements reasonably satisfactory
to Lender.
SECTION 2.07. COST OF DEFENDING AND UPHOLDING THIS SECURITY INSTRUMENT LIEN. IF
ANY ACTION OR PROCEEDING IS COMMENCED TO WHICH LENDER IS MADE A PARTY RELATING
TO THE LOAN DOCUMENTS AND/OR THE PROPERTY OR LENDER'S INTEREST THEREIN OR IN
WHICH IT BECOMES NECESSARY TO DEFEND OR UPHOLD THE LIEN OF THIS SECURITY
INSTRUMENT OR ANY OTHER LOAN DOCUMENT, BORROWER SHALL, ON DEMAND, REIMBURSE
LENDER FOR ALL REASONABLE EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEYS' FEES AND DISBURSEMENTS) INCURRED BY LENDER IN CONNECTION THEREWITH,
AND SUCH SUM, TOGETHER WITH INTEREST THEREON AT THE DEFAULT RATE FROM AND AFTER
SUCH DEMAND UNTIL FULLY PAID, SHALL CONSTITUTE A PART OF THE DEBT.
SECTION 2.08. USE OF THE PROPERTY. BORROWER WILL USE, OR CAUSE TO BE USED, THE
PROPERTY FOR SUCH USE AS IS PERMITTED PURSUANT TO APPLICABLE LEGAL REQUIREMENTS
INCLUDING, WITHOUT LIMITATION, UNDER ANY CERTIFICATE OF OCCUPANCY APPLICABLE TO
THE PROPERTY. BORROWER SHALL NOT SUFFER OR PERMIT THE PROPERTY OR ANY PORTION
THEREOF TO BE USED BY THE PUBLIC, ANY TENANT, OR ANY PERSON NOT SUBJECT TO A
LEASE, IN A MANNER THAT IS REASONABLY LIKELY TO IMPAIR BORROWER'S TITLE TO THE
PROPERTY, OR IN SUCH MANNER AS MAY GIVE RISE TO A CLAIM OR CLAIMS OF ADVERSE
USAGE OR ADVERSE POSSESSION BY THE PUBLIC, OR OF IMPLIED DEDICATION OF THE
PROPERTY OR ANY PART THEREOF.
SECTION 2.09. FINANCIAL REPORTS. (A)
BORROWER WILL KEEP AND MAINTAIN OR WILL
CAUSE TO BE KEPT AND MAINTAINED ON A FISCAL YEAR BASIS, IN ACCORDANCE WITH GAAP
(OR SUCH OTHER ACCOUNTING BASIS REASONABLY ACCEPTABLE TO LENDER) CONSISTENTLY
APPLIED, PROPER AND ACCURATE BOOKS, TAX RETURNS, RECORDS AND ACCOUNTS REFLECTING
(I) ALL OF THE FINANCIAL AFFAIRS OF BORROWER AND (II) ALL ITEMS OF INCOME AND
EXPENSE IN CONNECTION WITH THE OPERATION OF THE PROPERTY OR IN CONNECTION WITH
ANY SERVICES, EQUIPMENT OR FURNISHINGS PROVIDED IN CONNECTION WITH THE OPERATION
THEREOF, WHETHER SUCH INCOME OR EXPENSE MAY BE REALIZED BY BORROWER OR BY ANY
OTHER PERSON WHATSOEVER, EXCEPTING LESSEES UNRELATED TO AND UNAFFILIATED WITH
BORROWER WHO HAVE LEASED FROM BORROWER PORTIONS OF THE PROPERTY FOR THE