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<br />of not less than ninety (90) clays, to declare the Debt immediately due and payable.
<br />(b) Borrower will not claim or demand or be entitled to any credit or credits on account of the Debt for
<br />any part of the Taxes or Other Charges assessed against the Property, or any part thereof, and no deduction shall
<br />otherwise be made or claimed from the assessed value of the Property, or any part thereof, for real estate tax purposes by
<br />reason of this Security Instrument or the Debt. If such claim, credit or deduction shall be required by law, Lender shall
<br />have the option, exercisable by written notice of not less than ninety (90) days, to declare the Debt immediately due and
<br />payable.
<br />(c) If at any time the United States of America, any State thereof or any subdivision of any such State
<br />shall require revenue or other stamps to be affixed to the Note, this Security Instrument, or any of the Other Security
<br />Documents or impose any other tax or charge on the same, Borrower will pay for the same, with interest and penalties
<br />thereon, if any.
<br />Section 7.4. ESTOI?I'IEL CERTIFICATES.
<br />(a) After request by Lender, Borrower, within ten (10) days, shall furnish Lender or any proposed
<br />assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii)
<br />the unpaid principal amount of the .Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date
<br />of the Note, (v) the date installments of interest and /or principal were last paid, (vi) that, except as provided in such
<br />statement, there are no cefaults or events which with the passage of time or the giving of notice or both, would constitute
<br />an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid,
<br />legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii)
<br />whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed
<br />description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential
<br />multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the
<br />Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of
<br />the lessees under the Leases arc in default under the Leases, and, if any of the lessees are in default, setting forth the
<br />specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such
<br />amounts arc consistent with the arnOUnts required under each Lease, and (xiii) as to any other matters reasonably
<br />requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security
<br />Instrument.
<br />(b) Borrower shall use its best efforts to deliver to Lender, promptly upon request, duly executed
<br />estoppel certificates from any one or more lessees as required by Lender attesting to such facts regarding the Lease as
<br />Lender may require, including, but not limited to attestations that each Lease covered thereby is in full force and effect
<br />with no defaults thereunder on the part of any party, that none of the Rents have been paid more than one month in
<br />advance, except as security, and that the lessee claims no defense or offset against the full and timely performance of its
<br />obligations under the Lease.
<br />(c) Upon any transfer or proposed transfer contemplated by Section 17.1, at Lender's request, Borrower,
<br />any Guarantors and any Indemnitor(s) shall provide an estoppel certificate to the Investor (defined in Section 17.1) or any
<br />prospective Investor in such form, substance and detail as Lender, such Investor or prospective Investor may require.
<br />Section 7.5. FLOOD INSURANCE. After Lender's request, Borrower shall deliver evidence satisfactory to
<br />Lender that no portion of the Improvements is situated in a federally designated "special flood hazard area" or, if it is, that
<br />Borrower has obtained insurance meeting the requirements of Section 3.3.
<br />Section 7.6. REPLACEMI?N,r DOCUMENTS. Upon receipt of an affidavit of an officer of Lender as to the
<br />loss, theft, destruction or mutilation of the Note or any Other Security Document which is not of public record, and, in the
<br />case of any such mutilation, upon surrender and cancellation of such Note or Other Security Document, Borrower will
<br />issue, in lieu thereof, a replacement. Note or Other Security Document, dated the date of such lost, stolen, destroyed or
<br />mutilated Note or Other Security Doctnnent in the same principal amount thereof and otherwise of like tenor.
<br />A RTICLE 8. - DUE ON SALE/ENCUMBRANCE
<br />Section 8.1. TRANSFER DEFINITIONS For purposes of this Article 8, an "Affiliated. Manager" shall mean
<br />any managing agent in which Borrower, any G ntor or Indet r has, directly or indirectly, any legal, beneficial or
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