|
200507874
<br />or hereafter owns an equity interest in Borrower or General Partner is a Prohibited Person or Controlled by a
<br />Prohibited Person, (ii) no proceeds of the Loan will be used to fund any operations in, finance any investments or
<br />activities in or make any payments to, Prohibited Persons, and (iii) none of Borrower, General Partner, or any
<br />Guarantor are in violation of any Legal Requirements relating to anti -money laundering or anti - terrorism, including,
<br />without limitation, Legal Requirements related to transacting business with Prohibited Persons or the requirements
<br />of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
<br />Terrorism Act of 2001, U.S. Public Law 107 -56, and the related regulations issued thereunder, including temporary
<br />regulations, all as amended from time to time. No tenant at the Property currently is identified on the OFAC List or
<br />otherwise qualifies as a Prohibited Person, and, to the best of Borrower's knowledge, no tenant at the Property is
<br />owned or Controlled by a Prohibited Person. Borrower has determined that Manager has implemented procedures,
<br />approved by Borrower, to ensure that no tenant at the Property is a Prohibited Person or owned or Controlled by a
<br />Prohibited Person.
<br />Section 2.03. Further Acts etc. Borrower will, at the cost of Borrower, and without expense to Lender, do,
<br />execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages or deeds of trust,
<br />as applicable, assignments, notices of assignments, transfers and assurances as Lender or Trustee shall, from time to
<br />time, reasonably require for the better assuring, conveying, assigning, transferring, and confirming unto Lender and
<br />Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed,
<br />confirmed, pledged, assigned and hypothecated, or which Borrower may be or may hereafter become bound to
<br />convey or assign to Lender and Trustee, or for carrying out or facilitating the performance of the terms of this
<br />Security Instrument or for filing, registering or recording this Security Instrument and, on demand, will execute and
<br />deliver and hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the
<br />extent Lender may lawfully do so, one or more financing statements, chattel mortgages or comparable security
<br />instruments to evidence more effectively the lien hereof upon the Property. Borrower grants to Lender an
<br />irrevocable power of attorney coupled with an interest for the purpose of protecting, perfecting, preserving and
<br />realizing upon the interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully
<br />and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or
<br />cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft,
<br />destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of
<br />any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower
<br />will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen,
<br />destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like
<br />tenor.
<br />Section 2.04. Recordin g of Security Instrument etc. Borrower forthwith upon the execution and delivery
<br />of this Security Instrument and thereafter, from time to time, will cause this Security Instrument, and any security
<br />instrument creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of
<br />further assurance to be filed, registered or recorded in such manner and in such places as may be required by any
<br />present or future law in order to publish notice of and fully protect the lien or security interest hereof upon, and the
<br />interest of Lender in, the Property. Borrower will pay all filing, registration or recording fees, and all expenses
<br />incident to the preparation, execution and acknowledgment of this Security Instrument, any mortgage or deed of
<br />trust, as applicable, supplemental hereto, any security instrument with respect to the Property and any instrument of
<br />further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges
<br />arising out of or in connection with the execution and delivery of this Security Instrument, any mortgage or deed of
<br />trust, as applicable, supplemental hereto, any security instrument with respect to the Property or any instrument of
<br />further assurance, except where prohibited by law to do so, in which event Lender may declare the Debt to be
<br />immediately due and payable. Borrower shall hold harmless and indemnify Lender and Trustee and their successors
<br />and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this
<br />Security Instrument.
<br />Section 2.05. Representations, Warranties and Covenants Relating to the Property. Borrower represents
<br />and warrants to and covenants with Lender with respect to the Property as follows:
<br />27
<br />
|