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200003557 <br />(b) Borrower will not claim or demand or be entitled to any credit or credits on account of the <br />Debt for any part of the Taxes or Other Charges assessed against the Property, or any part thereof, and no <br />deduction shall otherwise be made or claimed from the assessed value of the Property, or any part thereof, <br />for real estate tax purposes by reason of this Security Instrument or the Debt. If such claim, credit or <br />deduction shall be required by law, Lender shall have the option, by written notice of not less than ninety (90) <br />days, to declare the Debt immediately due and payable. <br />(c) If at any time the United States of America, any State thereof or any subdivision of any such <br />State shall require revenue or other stamps to be affixed to the Note, this Security Instrument, or any of the <br />Other Loan Documents or impose any other tax or charge on the same, Borrower will pay for the same, with <br />interest and penalties thereon, if any. <br />Section 5.4 Estoppel Certificates. <br />(a) Borrower, within thirty (30) days of a written request from Lender, shall furnish Lender or <br />any proposed assignee of Lender's interest, with a written statement, duly acknowledged and certified, <br />setting forth (i) the unpaid principal amount of the Note, (ii) the rate of interest on the Note, (iii) the terms of <br />payment and maturity date of the Note, (iv) the date installments of interest and /or principal were last paid, <br />(v) that, except as provided in such statement, there are no defaults or events which with the giving of notice <br />or expiration of applicable grace /cure period, or both, would constitute an event of default under the Note, <br />this Security Instrument or any of the Other Loan Documents, (vi) that the Note, this Security Instrument and <br />the Other Loan Documents are valid, legal and binding obligations and have not been modified or if <br />modified, giving the particulars of such modification, (vii) that Borrower claims no offsets or defenses against <br />the Obligations secured hereby or if Borrower makes such claim and a detailed description thereof, and (viii) <br />as to any other matters reasonably requested by Lender as to the Leases, the Obligations secured hereby, <br />the Property or this Security Instrument. <br />(b) Borrower shall deliverto Lender, promptly upon request, duly executed estoppel certificates <br />from any one or more lessees as required by Lender attesting to such facts regarding the related Lease as <br />Lender may require, including, but not limited to attestations that the Lease is in full force and effect with no <br />defaults thereunder on the part of any party, that none of the Rents have been paid more than one month <br />in advance (except as security), and that the lessee claims no defense or offset against the full and timely <br />performance of its obligations under the Lease. <br />(c) Upon any transfer or proposed transfer contemplated by Section 12.1 hereof, at Lender's <br />request, Borrower, any Guarantors and any Indemnitors shall provide an estoppel certificate to the Investor <br />(defined in Section 12.1) or any prospective Investor confirming the accuracy of information provided by <br />Lender to such person under or in respect of this Security Instrument. <br />Section 5.5 Splitting of Security Instrument. This Security Instrument and the Note shall, at any <br />time until the same shall be fully paid and satisfied, at the sole election of Lender, be split or divided into two <br />or more notes and two or more security instruments, each of which shall cover all or a portion of the Property <br />to be more particularly described therein. To that end, Borrower, upon written request of Lender, shall <br />execute, acknowledge and deliver to Lender and /or its designee or designees substitute notes and security <br />instruments in such principal amounts, aggregating not more than the then unpaid principal amount secured <br />by this Security Instrument; and containing terms, provisions and clauses no less favorable to Borrowerthan <br />those contained herein and in the Note, and such other documents and instruments as may be required by <br />Lender to effect the splitting of the Note and this Security Instrument. <br />Section 5.6 Replacement Documents. Upon receipt of an affidavit of an officer of Lender as <br />to the loss, theft, destruction or mutilation of the Note or any Other Loan Document which is not of public <br />record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or Other Loan <br />Document, Borrower will issue, in lieu thereof, a replacement Note or Other Loan Document, dated the date <br />ATLANTA4181845.4 <br />GMACCM (SLP) — DOT (8/98) 21 Grand Isle, Nebraska <br />