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201000151 Borrower shall pay the Debt at the time and in the manner provided in the Note and in the other Loan Documents. Borrower shall perform, observe or comply with all of the covenants, conditions and agreements contained in the Note, this Security Instrument and any and all other documents (collectively, the "Loan Documents") now or hereafter executed by Borrower and/or others and by or in favor of Lender, which evidence, secure or guarantee all or any portion of the payments due under the Note or otherwise is executed and/or delivered in connection with and directly related to the Note and this Security Instrument (including, without limitation, the Assignment). All payments due to Borrower or Lender under the Lease, other than Excepted Payments, shall be paid directly by Lessee to Lender when such amounts are due and payable. All such payments received by Lender shall be applied promptly upon receipt, but not less than monthly, as follows: rrst, all amounts then due and payable under the Note and the other Laan Documents ("Debt Service") shall be paid to or retained by Lender, as the case may be; and second, except for any payments made in advance of their due date (which such payments shall be held by the Lender and applied as provided in this sentence on such due date), as long as no uncured Event of Default (hereinafter defined) or payment or bankruptcy default as described in paragraphs 2](a) ar 21(i) hereof exists hereunder or under the Note or any of the other Loan Documents, the balance of funds, if any, shall be paid within five (S) Business Days (as defined in the Note) after the receipt of good funds by Lender to Borrower by wire transfer of immediately available funds to an account designated by Borrower, which payments to Borrower shall be free of the lien of this Security Instrument and all rights of Lender under the other Loan Documents, including, without limitation, the Assignment. 2. Warrant of Title• Other Re resentations. (a) Borrower warrants that Borrower has good and marketable title to the Mortgaged Property and has the right to mortgage, give, grant, bargain, sell, alien, enfeoff, convey, confirm, pledge, assign and hypothecate the same and that, except for this Security Instrument, the other Loan Documents and the Permitted Exceptions (as hereinafter defined) Borrower possesses an unencumbered fee estate in the Premises and the Improvements subject to the Lease and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except far (i) the Lease, (ii) the Other Leases, (iii) those exceptions shown in (ar insured against by) the title insurance policy insuring (or any pro forma title insurance policy purporting to insure) the lien of this Security Instrument, and (iv) other items as herein expressly permitted (all of the foregoing, collectively, the "Permitted Exceptions"). The Permitted Exceptions do not and will not materially and adversely affect (a) the ability of Borrower to pay in full the principal and interest on the Note in a timely manner, or (b) the use of the Premises for the use currently being made thereof, or the operation of the Premises as currently being operated. Subject to the Permitted Exceptions, Borrower shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Security Instrument and shall forever warrant and defend the same to Lender against the claims of all persons whomsoever. The foregoing warranty of title shall survive the foreclosure of this Security Instrument and shall inure to the benefit of and be enforceable by Lender in the -6- 15445229.4.BUSINESS