A DEFAULT HAS OCCURRED AND CONTINUES BEYOND ANY APPLICABLE
CURE PERIOD UNDER ANY MANAGEMENT AGREEMENT, IF ANY (OR ANY REPLACEMENT
MANAGEMENT AGREEMENT, IF ANY), IF SUCH DEFAULT PERMITS THE MANAGER THEREUNDER TO
TERMINATE OR CANCEL ANY MANAGEMENT AGREEMENT (OR ANY REPLACEMENT MANAGEMENT
AGREEMENT);
(XII)
IF BORROWER OR PRINCIPAL VIOLATES OR DOES NOT COMPLY WITH ANY
OF THE MATERIAL PROVISIONS OF SECTION 4.1.35 HEREOF;
(XIII)
IF ANY INDIVIDUAL PROPERTY BECOMES SUBJECT TO ANY MECHANIC'S,
MATERIALMAN'S OR OTHER LIEN IN EXCESS OF $500,000.00 OTHER THAN A LIEN FOR LOCAL
REAL ESTATE TAXES AND ASSESSMENTS NOT THEN DUE AND PAYABLE AND THE LIEN SHALL
REMAIN UNDISCHARGED OF RECORD (BY PAYMENT, BONDING OR OTHERWISE) FOR A PERIOD OF
NINETY (90) DAYS;
103
(XIV)
IF ANY FEDERAL TAX LIEN OR STATE OR LOCAL INCOME TAX LIEN IS
FILED AGAINST BORROWER OR ANY INDIVIDUAL PROPERTY AND SAME IS NOT DISCHARGED OF
RECORD OR BONDED WITHIN NINETY (90) DAYS AFTER SAME IS FILED;
(XV)
(A) BORROWER FAILS TO TIMELY PROVIDE LENDER WITH THE WRITTEN
CERTIFICATION AND EVIDENCE REFERRED TO IN SECTION 5.2.8 HEREOF, (B) BORROWER IS
A PLAN OR ITS ASSETS CONSTITUTE PLAN ASSETS; OR (C) BORROWER CONSUMMATES A
TRANSACTION WHICH WOULD CAUSE THE SECURITY INSTRUMENTS OR LENDER'S EXERCISE OF
ITS RIGHTS UNDER THE SECURITY INSTRUMENTS, THE NOTE, THIS AGREEMENT OR THE OTHER
LOAN DOCUMENTS TO CONSTITUTE A NONEXEMPT PROHIBITED TRANSACTION UNDER ERISA OR
RESULT IN A VIOLATION OF A STATE STATUTE REGULATING GOVERNMENTAL PLANS,
SUBJECTING LENDER TO LIABILITY FOR A VIOLATION OF ERISA, THE CODE, A STATE
STATUTE OR OTHER SIMILAR LAW;
(XVI)
IF BORROWER SHALL FAIL TO DELIVER TO LENDER, WITHIN TEN (10)
BUSINESS DAYS AFTER REQUEST BY LENDER, THE ESTOPPEL CERTIFICATES REQUIRED
PURSUANT TO THE TERMS HEREOF; PROVIDED, HOWEVER, THAT IF BORROWER IS USING
REASONABLE AND DILIGENT EFFORTS TO OBTAIN SUCH ESTOPPEL CERTIFICATE FROM THE
OPERATING TENANT UNDER THE OPERATING LEASE, THEN BORROWER SHALL NOT BE IN
DEFAULT HEREUNDER;
(XVII)
IF ANY DEFAULT OCCURS UNDER ANY GUARANTY OR INDEMNITY EXECUTED
IN CONNECTION HEREWITH (INCLUDING, WITHOUT LIMITATION, THE GUARANTY AND THE
ENVIRONMENTAL INDEMNITY) AND SUCH DEFAULT CONTINUES AFTER THE EXPIRATION OF
APPLICABLE GRACE PERIODS, IF ANY;
(XVIII)
IF BORROWER SHALL BE IN DEFAULT BEYOND APPLICABLE NOTICE AND
GRACE PERIODS UNDER ANY OTHER MORTGAGE, DEED OF TRUST, DEED TO SECURE DEBT OR
OTHER SECURITY AGREEMENT COVERING ANY PART OF ANY INDIVIDUAL PROPERTY WHETHER IT
BE SUPERIOR OR JUNIOR IN LIEN TO THE RELATED SECURITY INSTRUMENT;
(XIX)
INTENTIONALLY OMITTED;
(XX)
WITH RESPECT TO ANY TERM, COVENANT OR PROVISION SET FORTH
HEREIN WHICH SPECIFICALLY CONTAINS A NOTICE REQUIREMENT OR GRACE PERIOD, IF
BORROWER SHALL BE IN DEFAULT UNDER SUCH TERM, COVENANT OR CONDITION AFTER THE
GIVING OF SUCH NOTICE OR THE EXPIRATION OF SUCH GRACE PERIOD;
(XXI)
IF BORROWER SHALL FAIL TO PAY OR CAUSE TO BE PAID, PRIOR TO THE
EXPIRATION OF ANY APPLICABLE GRACE AND CURE PERIODS UNDER THE GROUND LEASE, THE
GROUND RENT OR ANY ADDITIONAL RENT, IF ANY, OR OTHER CHARGE MENTIONED IN OR MADE
PAYABLE BY ANY GROUND LEASE WHEN SAID RENT