OF REAL ESTATE TAXES AND ASSESSMENTS AND
INSURANCE PREMIUMS AS THE SAME BECOME DUE AND PAYABLE.
5.18
RESERVE ACCOUNT.
COMMENCING ON THE FIRST DAY OF THE MONTH IN WHICH
BORROWER IS REQUIRED TO MAKE ITS FIRST INTEREST PAYMENT UNDER THE NOTE, AND
CONTINUING ON THE FIRST DAY OF EACH MONTH THEREAFTER
UNTIL THE MATURITY DATE,
BORROWER SHALL DEPOSIT THE RESERVE CONTRIBUTION INTO THE RESERVE ACCOUNT.
BORROWER MAY DRAW UPON THE RESERVE ACCOUNT FOR PURPOSES OF MAKING CAPITAL
IMPROVEMENTS TO THE PROPERTY, UP TO FOUR (4) TIMES IN ANY GIVEN YEAR, PROVIDED
BORROWER GIVES LENDER AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF SUCH
DRAW REQUEST, AND FURTHER PROVIDED THAT LENDER APPROVES OF THE AMOUNT OF THE
REQUESTED DRAW, THE PROPOSED COST, SCOPE AND NEED FOR THE REQUESTED
IMPROVEMENTS, REPAIRS AND/OR REPLACEMENTS, AND THE PROPOSED MANNER IN WHICH THE
WORK IS TO BE PERFORMED.
5.19
EXISTENCE; CHANGE OF NAME; LOCATION AS A REGISTERED ORGANIZATION.
BORROWER SHALL CONTINUOUSLY MAINTAIN (A) ITS EXISTENCE AND SHALL NOT DISSOLVE OR
PERMIT ITS DISSOLUTION, AND (B) ITS RIGHTS AND FRANCHISES TO DO BUSINESS IN THE
STATE WHERE THE PROPERTY IS LOCATED.
BORROWER SHALL NOT CHANGE BORROWER'S NAME,
LEGAL ENTITY, OR ITS LOCATION AS A REGISTERED ORGANIZATION WITHIN THE MEANING OF
THE UCC, WITHOUT NOTIFYING LENDER OF SUCH CHANGE IN WRITING AT LEAST THIRTY (30)
DAYS PRIOR TO ITS EFFECTIVE DATE.
THE NOTIFICATION REQUIREMENTS SET FORTH IN
THIS SECTION ARE IN ADDITION TO, AND NOT IN LIMITATION OF, THE REQUIREMENTS OF
ARTICLE 7.
BORROWER
17
SHALL PAY ALL COSTS AND EXPENSES INCURRED BY LENDER (INCLUDING, WITHOUT
LIMITATION, REASONABLE LEGAL FEES) IN CONNECTION WITH ANY CHANGE DESCRIBED
HEREIN.
5.20
RESERVED.
5.21
PROHIBITED TRANSACTIONS.
BORROWER SHALL NOT ENGAGE IN ANY
TRANSACTION WHICH WOULD CAUSE ANY OBLIGATION OR ACTION TAKEN OR TO BE TAKEN
HEREUNDER BY BORROWER (OR THE EXERCISE BY LENDER OF ANY OF ITS RIGHTS UNDER ANY
OF THE LOAN DOCUMENTS) TO BE A NON-EXEMPT (UNDER A STATUTORY OR ADMINISTRATIVE
CLASS EXEMPTION) PROHIBITED TRANSACTION UNDER ERISA.
BORROWER AGREES TO DELIVER
TO LENDER SUCH CERTIFICATIONS OR OTHER EVIDENCE THROUGHOUT THE TERM OF THE LOAN
AS REQUESTED BY LENDER IN ITS SOLE DISCRETION TO CONFIRM COMPLIANCE WITH
BORROWER'S OBLIGATIONS UNDER THIS SECTION 5.20 OR TO CONFIRM THAT BORROWER'S
REPRESENTATIONS AND WARRANTIES REGARDING ERISA REMAIN TRUE.
5.22
COMPLIANCE WITH ANTI-TERRORISM, EMBARGO, SANCTIONS AND ANTI-MONEY
LAUNDERING LAWS.
BORROWER SHALL COMPLY WITH ALL REQUIREMENTS OF LAW RELATING TO
MONEY LAUNDERING, ANTI-TERRORISM, TRADE EMBARGOS AND ECONOMIC SANCTIONS, NOW OR
HEREAFTER IN EFFECT, INCLUDING, WITHOUT LIMITATION, ANTI-TERRORISM LAWS.
WITHOUT LIMITING THE FOREGOING, BORROWER SHALL NOT TAKE ANY ACTION, OR PERMIT
ANY ACTION TO BE TAKEN, THAT WOULD CAUSE BORROWER'S REPRESENTATIONS AND
WARRANTIES IN SECTION 4.1(L) OF THIS LOAN AGREEMENT TO BECOME UNTRUE OR
INACCURATE AT ANY TIME DURING THE TERM OF THE LOAN.
BORROWER SHALL NOTIFY
LENDER PROMPTLY OF BORROWER'S ACTUAL KNOWLEDGE THAT THE REPRESENTATIONS AND
WARRANTIES IN SECTION 4.1(L) OF THIS LOAN AGREEMENT MAY NO LONGER BE ACCURATE OR
THAT ANY OTHER VIOLATION OF THE FOREGOING REQUIREMENTS OF LAW HAS OCCURRED OR