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201000147
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Last modified
1/7/2010 4:35:55 PM
Creation date
1/7/2010 4:32:28 PM
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DEEDS
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201000147
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2o~oooi4~ <br />(v) Borrower shall conduct its business so that the assumptions made with respect to <br />Borrower in the Non-Consolidation Opinion shall be true and correct in all <br />respects. <br />21. Events of Default. Each of the following events constitutes an event of default ("Event of <br />Default"): <br />(a) if any portion of the Debt is not paid within five (5) days from the date it was due; <br />(b) subject to the provisions of paragraph 4(b) hereof, if Taxes aze not paid before <br />they become delinquent, or Other Chazges or other sums due hereunder are not <br />paid when due, and Borrower fails to cure after ten (10) days after the earlier of <br />notice or actual knowledge thereof; <br />(c) subject to the provisions of paragraph 3(d) hereof, if (i) the Policies are not kept in <br />full force and effect or (ii) within ten (10) business days following written <br />demand, Borrower shall fail to cause the delivery of any such Policies or a <br />certificate, binder or other evidence of the renewal of any such Policies to Lender; <br />(d) if Borrower violates or does not comply with the provisions of subpazagraphs <br />7(b)(iv), 7(b)(v), 7(b)(vi) or 7(b)(vii); <br />(e) if Borrower transfers or encumbers the Mortgaged Property or any interest therein <br />in violation of the provisions of paragraph 9 hereof; <br />(f) if Borrower breaches the provisions of paragraph 20 hereof and fails to cure such <br />breach within ten (10) business days following written notice thereof from <br />Lender; <br />(g) if any representation or warranty of Borrower, or any guarantor, made herein or in <br />any certificate, .report, financial statement or other instrument or document <br />furnished to Lender by or on behalf of Borrower shall prove to have been false or <br />misleading in any material respect when made; <br />(h) if Borrower shall make a general assignment for the benefit of creditors or if <br />Borrower shall generally not be paying its debts as they become due; <br />(i) if a receiver, liquidator or trustee of Borrower shall be appointed or if Borrower <br />shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, <br />reorganization or arrangement pursuant to federal bankruptcy law, or any similar <br />federal or state law, shall be filed by or against, consented to, or acquiesced in, by <br />Borrower or if any proceeding for the dissolution or liquidation of Borrower shall <br />be instituted; however, if such appointment, adjudication, petition or proceeding <br />was involuntary and not consented to by Borrower upon the same not being <br />dischazged, stayed or dismissed within sixty (60) days following Borrower <br />obtaining actual notice thereof; <br />-37- <br />
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