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200507874
<br />Lender or any of its agents, employees, officers or directors, the validity, amount or application of any Imposition or
<br />any charge described in Section 4.01(b), provided that (a) no Default or Event of Default shall exist during such
<br />proceedings and such contest shall not (unless Borrower shall comply with clause (d) of this Section 4.04) subject
<br />the Property or any portion thereof to any lien or affect the priority of the lien of this Security Instrument, (b) failure
<br />to pay such Imposition or charge will not subject Lender, Trustee or any of their agents, employees, officers or
<br />directors to any civil or criminal liability, (c) the contest suspends enforcement of the Imposition or charge (unless
<br />Borrower first pays the Imposition or charge), (d) prior to and during such contest, Borrower shall furnish to Lender
<br />security satisfactory to Lender, in its reasonable discretion, against loss or injury by reason of such contest or the
<br />non - payment of such Imposition or charge (and if such security is cash, Lender may deposit the same in an interest -
<br />bearing account and interest accrued thereon, if any, shall be deemed to constitute a part of such security for
<br />purposes of this Security Instrument, but Lender (i) makes no representation or warranty as to the rate or amount of
<br />interest, if any, which may accrue thereon and shall have no liability in connection therewith and (ii) shall not be
<br />deemed to be a trustee or fiduciary with respect to its receipt of any such security and any such security may be
<br />commingled with other monies of Lender), (e) such contest shall not affect the ownership, use or occupancy of the
<br />Property, (f) the Property or any part thereof or any interest therein shall not be in any danger of being sold, forfeited
<br />or lost by reason of such contest by Borrower, (g) Borrower has given Lender notice of the commencement of such
<br />contest and upon request by Lender, from time to time, notice of the status of such contest by Borrower and/or
<br />confirmation of the continuing satisfaction of clauses (a) through (f) of this Section 4.04, and (h) upon a final
<br />determination of such contest, Borrower shall promptly comply with the requirements thereof. Upon completion of
<br />any contest, Borrower shall immediately pay the amount due, if any, and deliver to Lender proof of the completion
<br />of the contest and payment of the amount due, if any, following which Lender shall return the security, if any,
<br />deposited with Lender pursuant to clause (d) of this Section 4.04. Borrower shall not pay any Imposition in
<br />installments unless permitted by applicable Legal Requirements, and shall, upon the request of Lender, deliver
<br />copies of all notices and bills relating to any Imposition or other charge covered by this Article IV to Lender.
<br />Section 4.05. No Credits on Account of the Debt. Borrower will not claim or demand or be entitled to any
<br />credit or credits on account of the Debt for any part of the Impositions assessed against the Property or any part
<br />thereof and no deduction shall otherwise be made or claimed from the taxable value of the Property, or any part
<br />thereof, by reason of this Security Instrument or the Debt. In the event such claim, credit or deduction shall be
<br />required by Legal Requirements, Lender shall have the option, by written notice of not less than ninety (90) days, to
<br />declare the Debt immediately due and payable, and Borrower hereby agrees to pay such amounts not later than
<br />ninety (90) days after such notice.
<br />Section 4.06. Documentary Stamps. If, at any time, the United States of America, any State or
<br />Commonwealth thereof or any subdivision of any such State shall require revenue or other stamps to be affixed to
<br />the Note, this Security Instrument or any other Loan Document, or impose any other tax or charges on the same,
<br />Borrower will pay the same, with interest and penalties thereon, if any.
<br />ARTICLE V: CENTRAL CASH MANAGEMENT
<br />Section 5.01. Cash Flow. Borrower hereby acknowledges and agrees that the Rent (which for the purposes
<br />of this Section 5.01 shall not include security deposits from tenants under Leases held by Borrower and not applied
<br />towards Rent) derived from the Property and Loss Proceeds shall be utilized (a) to fund the Basic Carrying Costs
<br />Sub - Account, (b) to pay all amounts to become due and payable under the Note by funding the Debt Service
<br />Payment Sub - Account, (c) to fund the Recurring Replacement Reserve Sub - Account, (d)to fund the Operation and
<br />Maintenance Expense Sub - Account and (e) to fund the Mez Payment Sub - Account. Borrower shall cause Manager
<br />to collect all security deposits from tenants under valid Leases, which shall be held by Manager, as agent for
<br />Borrower, in accordance with applicable law, and unless otherwise agreed to in writing by Lender, in a segregated
<br />demand deposit bank account at such commercial or savings bank or banks as may be reasonably satisfactory to
<br />Lender (the "Security Deposit Account "). Borrower shall notify Lender of any security deposits held as letters of
<br />credit and, upon Lender's request, such letters of credit shall be promptly delivered to Lender. Borrower shall have
<br />no right to withdraw funds from the Security Deposit Account; rop vided that, prior to the occurrence of an Event of
<br />Default, Borrower may withdraw funds from the Security Deposit Account to refund or apply security deposits as
<br />required by the Leases or by applicable Legal Requirements. After the occurrence of an Event of Default, all
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