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<br />20080t83t <br /> <br />4.11 Inventories: Assembly of Chattels. Borrower will, from time to time at the <br />request of Bank, supply Bank with a current inventory of the Chattels, in such detail as Bank <br />may require. Upon the occurrence of any Event of Default hereunder, Borrower will, at Bank's <br />request assemble the Chattels and make the Chattels available to Bank at any place designated by <br />Bank which is reasonably convenient to both parties. <br /> <br />4.12 Further Assurances: Estoppel Certificates. Borrower will eXecute and deliver to <br />Bank upon demand, and pay the costs of preparation and recording thereof, any further <br />documents which Bank may request to confirm or perfect the liens and security interests created <br />or intended to be created hereby, or to confirm or perfect any evidence of the Secured <br />Obligations. Borrower will also, within ten (10) days after any request by Bank, deliver to Bank <br />a signed and acknowledged statement certifying to Bank, or to any proposed transferee of the <br />Secured Obligations, (a) the balance of principal, interest, and other sums then outstanding under <br />the Note, and (b) whether Borrower claims to have any offsets or defenses with respect to the <br />Secured Obligations and, if so, the nature of such offsets or defenses. <br /> <br />4.13 Parking Requirements. Borrower shall maintain at all times sufficient parking <br />spaces to comply with the parking requirements of all Leases, zoning and other regulations <br />affecting the Property. <br /> <br />4.14 Financial Statements and Inspection of Records. Borrower, at Borrower's <br />expense, shall furnish to Bank the financial and other reports required by the Reimbursement <br />Agreement. <br /> <br />4.15 Security Deposits. Borrower shall keep and maintain in a separate bank account <br />with Bank, any security deposits or advance payments received from tenants in lieu of security <br />deposits, as set forth in the Reimbursement Agreement. Upon the Bank's request, the Bank shall <br />be named on the bank account and no funds shall be withdrawn therefrom without the prior <br />written consent of the Bank. <br /> <br />4.16 Environmental Representations and Warranties. Borrower has executed for the <br />benefit of the Bank the Environmental Indemnity, the provisions of which are included herein by <br />reference. Borrower shall comply with, observe and perform each of the terms and provisions of <br />the Environmental Indemnity. <br /> <br />4.17 Stamp Tax. If, by the laws of the United States of America, or of any state or <br />political subdivision having jurisdiction over Borrower, any tax is due or becomes due in respect <br />of the issuance of the Note, or recording of this Deed of Trust, Borrower covenants and agrees to <br />pay such tax in the manner required by any such law. Borrower further covenants to hold <br />harmless and agrees to indemnify Bank, its successors or assigns, against any liability incurred <br />by reason of the imposition of any tax on the issuance of the Note or recording of this Deed of <br />Trust. <br /> <br />4.18 Changes in Taxation. In the event of the enactment after this date of any law of <br />the State in which the Property is located or any political subdivision thereof deducting from the <br />value ofland for the purpose oftaxation any lien thereon, or imposing upon Bank the payment of <br />the whole or any part of the taxes or assessments or charges or liens herein required to be paid by <br /> <br />I 03209-6061 7-957802v5 <br /> <br />11 <br /> <br />us Bank I Riverbend Apartments Phase I <br />Deed of Trust <br />