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<br />occurring on or about the Mortgaged Property or the adjoining sidewalks, curbs, vaults or vault
<br />space, if any, streets or ways, (c) any failure on the part of the Borrower or any Guarantor of the
<br />Note to perform or comply with any of the terms, covenants, conditions and agreements set forth
<br />in this Mortgage, the Note, any of the other Loan Documents, or any agreement, reimbursement
<br />agreement, guaranty, or any other agreements executed by the Borrower, or any Guarantor of the
<br />Note, or any other persons directly or indirectly liable for the payment of the Debt, (d) any
<br />failure on the part of the Borrower to perform or comply with (i) any other agreement executed
<br />by the Borrower or any Guarantor of the Note, or (ii) any requirement of law, (e) payment of
<br />sums for the protection of the lien and security interest of the Lender in and to the Mortgaged
<br />Property, (f) performance of any labor or services or the furnishing of any materials or other
<br />Mortgaged Property in respect of the Mortgaged Property or any part thereof for construction or
<br />maintenance or otherwise, or (g) any action brought against the Lender attacking the validity,
<br />priority or enforceability of this Mortgage, the Note, any other Loan Document, or any
<br />agreement, reimbursement agreement, guaranty, or any other agreements executed by the
<br />Borrower or any other persons directly or indirectly liable for the payment of the Debt.
<br />However, such indemnity shall not apply to Lender or a particular indemnified Person to the
<br />extent that the subject of the indemnification is caused by or arises out of the gross negligence or
<br />willful misconduct of the Lender or that indemnified Person. Any amounts payable to the
<br />Lender under this Section shall bear interest at the Default Rate and shall be secured by this
<br />Mortgage. In the event any action, suit or proceeding is brought against the Lender or the
<br />members, partners, stockholders, directors, officers, agents or employees of the Lender by reason
<br />of any such occurrence, the Borrower, upon the request of the Lender and at Borrower's sole
<br />expense, shall resist and defend such action, suit or proceeding or cause the same to be resisted
<br />and defended by counsel designated by Borrower and reasonably approved by the Lender. Such
<br />obligations under this Section shall survive the termination, satisfaction or release of this
<br />Mortgage.
<br />31. OFAC Covenant. Borrower shall ensure that (i) no person who owns twenty
<br />percent (20.00 %) or more of the equity interests in the Borrower, or otherwise controls the
<br />Borrower or any of its subsidiaries is or shall be listed on the Specially Designated Nationals and
<br />Blocked Person List or other similar lists maintained by the OFAC, the Department of the
<br />Treasury or included in any Executive Orders, (ii) the proceeds of the Loan do not violate any of
<br />the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating
<br />thereto, and (iii) it shall comply with all applicable Bank Secrecy Act laws and regulations, as
<br />amended.
<br />32. Partial Release. Borrower shall be entitled to obtain a release of the portion of the
<br />Mortgaged Property depicted on Exhibit B, attached hereto and incorporated herein (the "Partial
<br />Release Property "), from the lien hereof in accordance with the following terms and conditions:
<br />(i) Borrower shall give not less than thirty (30) days' prior written notice to Lender of
<br />Borrower's request for such release (ii) Borrower shall pay to Lender the sum of Eighty -One
<br />Thousand Seven Hundred Nineteen and No /100 Dollars ($81,719.00), such sum to be applied to
<br />the outstanding principal balance of the Note; (iii) all accrued and unpaid interest and any past
<br />due payments of principal due and owing under the terms of the Note shall have been paid to the
<br />Lender; (iv) all other amounts due and owing to the Lender under the terms of the Loan
<br />Documents at the time of such prepayment shall have been paid to the Lender; (v) the Partial
<br />Release Property shall have been properly subdivided from the Mortgaged Property; and (vi) no
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