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200507874
<br />molds, spores and fungus which may pose a risk to human health or the environment or any other substance or
<br />material as defined in or regulated by any Environmental Statutes.
<br />"Impositions" shall mean all taxes (including, without limitation, all real estate, ad valorem, sales
<br />(including those imposed on lease rentals), use, single business, gross receipts, value added, intangible, transaction,
<br />privilege or license or similar taxes), assessments (including, without limitation, all assessments for public
<br />improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not
<br />commenced or completed within the term of this Security Instrument), ground rents, water, sewer or other rents and
<br />charges, excises, levies, fees (including, without limitation, license, permit, inspection, authorization and similar
<br />fees), and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or
<br />foreseen or unforeseen, of every character in respect of the Property and/or any Rent (including all interest and
<br />penalties thereon), which at any time prior to, during or in respect of the term hereof may be assessed or imposed on
<br />or in respect of or be a lien upon (a) Borrower (including, without limitation, all franchise, single business or other
<br />taxes imposed on Borrower for the privilege of doing business in the jurisdiction in which the Property or any other
<br />collateral delivered or pledged to Lender in connection with the Loan is located) or Lender, (b) the Property or any
<br />part thereof or any Rents therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use
<br />or possession of, or sales from, or activity conducted on, or in connection with the Property, or any part thereof, or
<br />the leasing or use of the Property, or any part thereof, or the acquisition or financing of the acquisition of the
<br />Property, or any part thereof, by Borrower.
<br />"Improvements" shall have the meaning set forth in granting clause (b) of this Security Instrument.
<br />"Indemnified Parties" shall have the meaning set forth in Section 12.01 hereof.
<br />"Independent" shall mean, when used with respect to any Person, a Person who (a) is in fact independent,
<br />(b) does not have any direct financial interest or any material indirect financial interest in Borrower, or in any
<br />Affiliate of Borrower or any constituent partner, shareholder, member or beneficiary of Borrower, (c) is not
<br />connected with Borrower or any Affiliate of Borrower or any constituent partner, shareholder, member or
<br />beneficiary of Borrower as an officer, employee, promoter, underwriter, trustee, partner, director or person
<br />performing similar functions and (d) is not a member of the immediate family of a Person defined in (b) or (c)
<br />above. Whenever it is herein provided that any Independent Person's opinion or certificate shall be provided, such
<br />opinion or certificate shall state that the Person executing the same has read this definition and is Independent within
<br />the meaning hereof.
<br />"Initial Allocated Loan Amount" shall mean the portion of the Loan Amount allocated to each Cross -
<br />collateralized Property as set forth on Exhibit C attached hereto and made a part hereof.
<br />"Initial Basic Carrying Cost Deposit" shall equal the amount set forth on Exhibit B attached hereto and
<br />made a part hereof.
<br />"Initial Engineering Deposit" shall equal the amount set forth on Exhibit B attached hereto and made a part
<br />hereof.
<br />"Initial Recurring Replacement Reserve Deposit" shall equal the amount set forth on Exhibit B attached
<br />hereto and made a part hereof.
<br />"Institutional Lender" shall mean any of the following Persons: (a) any bank, savings and loan association,
<br />savings institution, trust company or national banking association, acting for its own account or in a fiduciary
<br />capacity, (b) any charitable foundation, (c) any insurance company or pension and/or annuity company, (d) any
<br />fraternal benefit society, (e) any pension, retirement or profit sharing trust or fund within the meaning of Title I of
<br />ERISA or for which any bank, trust company, national banking association or investment adviser registered under
<br />the Investment Advisers Act of 1940, as amended, is acting as trustee or agent, (f) any investment company or
<br />business development company, as defined in the Investment Company Act of 1940, as amended, (g) any small
<br />business investment company licensed under the Small Business Investment Act of 1958, as amended, (h) any
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