Common use of Servicing Agent Clause in Contracts

Servicing Agent. The Issuer shall, subject to the terms and conditions herein set forth, act as servicing agent in connection with the Mortgage Loans, including performance of the following services: (a) collect on a monthly basis all principal and interest due from each Mortgagor Customer under the Mortgage Notes and any other Mortgage Loan Document; (b) collect any other revenue due in connection with the Mortgage Notes, and any other Mortgage Loan Document, and any other revenue due in connection with matters relating to any Mortgaged Property, including, without limitation, any rents, security deposits, additional rent, direct and indirect operating costs, tenant improvement charges, and any amounts due in connection with or as a result of any casualty or exercise of eminent domain; (c) except as otherwise provided herein, instruct all Mortgagor Customers to remit all payments in respect of the Mortgage Notes to the Collection Account; (d) cause each Mortgagor Customer to keep the Mortgaged Property owned by such Mortgagor Customer insured in accordance with this Indenture; (e) immediately upon the filing of a notice of lien against any Mortgaged Property, cause the applicable Mortgagor Customer to pay any and all general and special city and county taxes of every kind and nature, any and all real estate and ad valorem taxes, personal property taxes, assessments, water rates, sewer rents, fines, impositions, levies, permits, inspection and license fees, all special assessments for public improvements (without permitting any improvement bond to be issued for special assessments) and all other charges now or hereafter levied or imposed upon or assessed against such Mortgaged Property or any part thereof by any municipality or other governmental authority or upon the revenues, rents, issues, income and profits of such Mortgaged Property or arising in respect of the occupancy, use or possession thereof or the use of walks, chutes, areas and other space beyond the lot line of such Mortgaged Property and on or abutting the public sidewalks and/or highways in front or adjoining such Mortgaged Property or pursuant to any environmental protection act for the use of any furnace, compactors, incinerators, parking areas or for other matters covered by any such act, together with any penalties and interest on any of the foregoing; (f) notify the Indenture Trustee of any monetary default or other material default by any Mortgagor Customer under the terms, covenants and conditions of any Mortgage Loan Collateral within five (5) days after the date the Issuer discovers such default; (g) notify the appropriate Mortgagor Customer of any monetary default or other material default under the terms of any Mortgage Loan Collateral in accordance with the terms of the applicable Mortgage Loan Documents, and otherwise communicate with such Mortgagor Customer on the Indenture Trustee’s behalf as and when required pursuant to the terms of such Mortgage Loan Documents; (h) notify the Indenture Trustee of (i) any abandonment by a Mortgagor Customer of such Mortgaged Property; (ii) the Issuer’s receipt of a notice from a Mortgagor Customer alleging that the Issuer is in default in the performance of its obligations under the Mortgage Loan Collateral or that any other right, entitlement, protection or condition for the benefit of a Mortgagor Customer is not being observed, performed or satisfied; (iii) the Issuer’s receipt of any notice of a proposed or threatened exercise of the right of eminent domain with respect to the Mortgaged Property or any portion thereof; and (iv) any casualty, damage or injury to the Mortgaged Property or a portion thereof which could create a risk of a material, immediate diminution in the revenue earned by or generated from the Mortgaged Property; (i) cooperate and assist in any legal proceedings by or against the Indenture Trustee or any the Indenture Trustee with regard to the Mortgage Loan Collateral or the Mortgaged Property and involving third parties; (j) following an event of a default by any Mortgagor Customer which is not timely cured within any applicable notice and cure period, take such action as may be necessary or appropriate with respect to such default, including, without limitation, retaining counsel, at the Issuer’s sole cost and expense, to foreclose the defaulting Mortgage Loan Collateral; (k) maintain and keep in good order separate, accurate and complete accounts and records for the Indenture Trustee, and maintain orderly files containing records of interest and principal paid, insurance policies, leases and subleases, correspondence and all other documents and papers pertaining to the Mortgage Loan Collateral and the Mortgaged Property or the operation thereof; (l) at the Indenture Trustee’s option, either audit and verify the accuracy of any statements and information required to be submitted by any Mortgagor Customer with respect to its Mortgage Loan Collateral or refer said matter to the Indenture Trustee’s accountants and cooperate with said accountants in the conduct of any such audit; (m) take service, if requested, for the Indenture Trustee of legal notices; advise the Indenture Trustee’s attorneys as promptly as possible of such service; advise the Indenture Trustee of the receipt of information concerning any claim of injury, damage or other liability against the Indenture Trustee or any the Indenture Trustee and, to the extent available, other relevant information concerning such claim; and provide copies of all relevant legal papers to the Indenture Trustee’s attorneys. The Issuer will give notice of claims and forward documents to the Indenture Trustee’s insurance carrier whenever appropriate, and furnish the Indenture Trustee with copies of insurance claims made against or on behalf of the Indenture Trustee; and (n) generally, do all things reasonably deemed necessary or desirable for the proper servicing of Mortgage Loan Collateral.

Servicing Agent. The Issuer Borrower shall, subject to the terms and conditions herein set forth, act as servicing agent for Agent in connection with the Eligible Mortgage Loans, including performance of the following services: (a) collect on a monthly basis all principal and interest due from each Mortgagor Customer under the Mortgage Notes and any other Mortgage Loan Document; (b) collect any other revenue due in connection with the Mortgage Notes, and any other Mortgage Loan Document, and any other revenue due in connection with matters relating to any Mortgaged Real Property, including, without limitation, any rents, security deposits, additional rent, direct and indirect operating costs, tenant improvement charges, and any amounts due in connection with or as a result of any casualty or exercise of eminent domain; (c) except as otherwise provided herein, instruct all Mortgagor Customers to remit all payments in respect of the Mortgage Notes to the Collection AccountBlocked Account in accordance with Section 4.14(d); (d) cause each Mortgagor Customer to keep the Mortgaged Real Property owned by such Mortgagor Customer insured in accordance with this IndentureAnnex Two, Part 1; (e) immediately upon the filing of a notice of lien against any Mortgaged Property, cause the applicable each Mortgagor Customer to pay on or before the date when due, any and all general and special city and county taxes of every kind and nature, any and all real estate and ad valorem taxes, personal property taxes, assessments, water rates, sewer rents, fines, impositions, levies, permits, inspection and license fees, all special assessments for public improvements (without permitting any improvement bond to be issued for special assessments) and all other charges now or hereafter levied or imposed upon or assessed against the Real Property owned by such Mortgaged Property Mortgagor Customer or any part thereof by any municipality or other governmental authority or upon the revenues, rents, issues, income and profits of such Mortgaged Real Property or arising in respect of the occupancy, use or possession thereof or the use of walks, chutes, areas and other space beyond the lot line of such Mortgaged Real Property and on or abutting the public sidewalks and/or highways in front or adjoining such Mortgaged Real Property or pursuant to any environmental protection act for the use of any furnace, compactors, incinerators, parking areas or for other matters covered by any such act, together with any penalties and interest on any of the foregoingforegoing (hereinafter collectively referred to as “Taxes”), and in the event of a default thereof, Agent may pay the same, which costs shall be secured by the Liens granted pursuant to this Agreement with interest thereon as herein provided. Borrower will repay all such costs upon demand. Borrower shall notify Agent immediately upon receipt by Borrower of any notice of increase in the assessed value of the Real Property, or any portion thereof, and agrees that Agent, in the name of any Mortgagor Customer, may (but shall not be obligated to) contest by appropriate proceedings such increase in assessment. Borrower agrees to notify Agent and the appropriate taxing authorities immediately upon the happening of any event which does or may affect the value of the Real Property, or any portion thereof, the basis of the Real Property, or any portion thereof, or the availability of any exemption to which Borrower is or may be entitled; (f) notify the Indenture Trustee Agent of any monetary default or other material default by any Mortgagor Customer under the terms, covenants and conditions of any Mortgage Loan Collateral within five (5) days after the date the Issuer Borrower discovers such default; (g) notify the appropriate Mortgagor Customer of any monetary default or other material default under the terms of any Mortgage Loan Collateral in accordance with the terms of the applicable Mortgage Loan Documents, and otherwise communicate with such Mortgagor Customer on the Indenture TrusteeAgent’s behalf as and when required pursuant to the terms of such Mortgage Loan Documents. At Agent’s option, after the discovery of any default by a Mortgagor Customer, Borrower shall refer the matter to Agent’s attorneys, whereafter Borrower shall cooperate with said attorneys in connection therewith, including, without limitation, in connection with any action to foreclose on such defaulted Mortgage Loan Collateral; (h) notify the Indenture Trustee Agent of (i1) any abandonment by a Mortgagor Customer of such Mortgaged PropertyProperty or a closure of its business; (ii2) the IssuerBorrower’s receipt of a notice from a Mortgagor Customer alleging that the Issuer Agent is in default in the performance of its obligations under the Mortgage Loan Collateral or that any other right, entitlement, protection or condition for the benefit of a Mortgagor Customer is not being observed, performed or satisfied; (iii3) the IssuerBorrower’s receipt of any notice of a proposed or threatened exercise of the right of eminent domain with respect to the Mortgaged Real Property or any portion thereof; and (iv4) any casualty, damage or injury to the Mortgaged Real Property or a portion thereof which could create a risk of a material, immediate diminution in the revenue earned by or generated from the Mortgaged Real Property; (i) communicate with each Mortgagor Customer on all matters concerning such Mortgagor Customer’s Mortgage Loan Collateral and promptly forward to Agent upon its request copies of all notices, correspondence, bills, invoices, documents and instruments by or between each Mortgagor Customer or Borrower or otherwise received by Borrower with respect to the Mortgage Loan Collateral or the Real Property; (j) cooperate and assist in any legal proceedings by or against the Indenture Trustee Agent or any the Indenture Trustee Lender with regard to the Mortgage Loan Collateral or the Mortgaged Real Property and involving third parties; (jk) following an event of a default by any Mortgagor Customer which is not timely cured within any applicable notice and cure period, promptly advise Agent thereof, and take such action as may be necessary or appropriate with respect to such default, including, without limitation, retaining counselcounsel on Agent’s behalf, but at the IssuerBorrower’s sole cost and expense, to foreclose the defaulting Mortgage Loan Collateral. Agent shall not be responsible for advancing the fees and disbursements of counsel in connection with any legal proceedings commenced in connection with the Mortgage Loan Collateral, but shall fully cooperate with and assist counsel in connection therewith; (kl) maintain and keep in good order separate, accurate and complete accounts and records (other than books of account maintained by Agent’s accountants) for the Indenture TrusteeAgent, and maintain orderly files containing records of interest and principal paid, insurance policies, leases and subleases, correspondence correspondence, receipted bills and vouchers, and all other documents and papers pertaining to the Mortgage Loan Collateral and the Mortgaged Real Property or the operation thereof; (lm) at the Indenture TrusteeAgent’s option, either audit and verify the accuracy of any statements and information required to be submitted by any Mortgagor Customer with respect to its Mortgage Loan Collateral or refer said matter to the Indenture TrusteeAgent’s accountants and cooperate with said accountants in the conduct of any such audit; (mn) take service, if requested, for the Indenture Trustee Agent of legal notices; advise the Indenture TrusteeAgent’s attorneys as promptly as possible of such service; advise the Indenture Trustee Agent of the receipt of information concerning any claim of injury, damage or other liability against the Indenture Trustee Agent or any the Indenture Trustee Lender and, to the extent available, other relevant information concerning such claim; and provide copies of all relevant legal papers to the Indenture TrusteeAgent’s attorneys. The Issuer Borrower will give notice of claims and forward documents to the Indenture TrusteeAgent’s insurance carrier whenever appropriate, and furnish the Indenture Trustee Agent with copies of insurance claims made against or on behalf of the Indenture TrusteeAgent; and (no) generally, do all things reasonably deemed necessary or desirable for the proper servicing of Mortgage Loan Collateral.

Servicing Agent. The Issuer Borrower shall, subject to the terms and conditions herein set forth, act as servicing agent for Agent in connection with the Eligible Mortgage Loans, including performance of the following services: (a) collect on a monthly basis all principal and interest due from each Mortgagor Customer under the Mortgage Notes and any other Mortgage Loan Document; (b) collect any other revenue due in connection with the Mortgage Notes, and any other Mortgage Loan Document, and any other revenue due in connection with matters relating to any Mortgaged Real Property, including, without limitation, any rents, security deposits, additional rent, direct and indirect operating costs, tenant improvement charges, and any amounts due in connection with or as a result of any casualty or exercise of eminent domain; (c) except as otherwise provided herein, instruct all Mortgagor Customers to remit all payments in respect of the Mortgage Notes to the Collection AccountBlocked Account in accordance with Section 4.14(d); (d) cause each Mortgagor Customer to keep the Mortgaged Real Property owned by such Mortgagor Customer insured in accordance with this IndentureAnnex Two, Part 1; (e) immediately upon the filing of a notice of lien against any Mortgaged Property, cause the applicable each Mortgagor Customer to pay on or before the date when due, any and all general and special city and county taxes of every kind and nature, any and all real estate and ad valorem taxes, personal property taxes, assessments, water rates, sewer rents, fines, impositions, levies, permits, inspection and license fees, all special assessments for public improvements (without permitting any improvement bond to be issued for special assessments) and all other charges now or hereafter levied or imposed upon or assessed against the Real Property owned by such Mortgaged Property Mortgagor Customer or any part thereof by any municipality or other governmental authority or upon the revenues, rents, issues, income and profits of such Mortgaged Real Property or arising in respect of the occupancy, use or possession thereof or the use of walks, chutes, areas and other space beyond the lot line of such Mortgaged Real Property and on or abutting the public sidewalks and/or highways in front or adjoining such Mortgaged Real Property or pursuant to any environmental protection act for the use of any furnace, compactors, incinerators, parking areas or for other matters covered by any such act, together with any penalties and interest on any of the foregoingforegoing (hereinafter collectively referred to as “Taxes”), and in the event of a default thereof, Agent may pay the same, which costs shall be secured by the Liens granted pursuant to this Agreement with interest thereon as herein provided. Borrower will repay all such costs upon demand. Borrower shall notify Agent immediately upon receipt by Borrower of any notice of increase in the assessed value of the Real Property, or any portion thereof, and agrees that Agent, in the name of any Mortgagor Customer, may (but shall not be obligated to) contest by appropriate proceedings such increase in assessment. B▇▇▇▇▇▇▇ agrees to notify Agent and the appropriate taxing authorities immediately upon the happening of any event which does or may affect the value of the Real Property, or any portion thereof, the basis of the Real Property, or any portion thereof, or the availability of any exemption to which Borrower is or may be entitled; (f) notify the Indenture Trustee Agent of any monetary default or other material default by any Mortgagor Customer under the terms, covenants and conditions of any Mortgage Loan Collateral within five (5) days after the date the Issuer Borrower discovers such default; (g) notify the appropriate Mortgagor Customer of any monetary default or other material default under the terms of any Mortgage Loan Collateral in accordance with the terms of the applicable Mortgage Loan Documents, and otherwise communicate with such Mortgagor Customer on the Indenture TrusteeAgent’s behalf as and when required pursuant to the terms of such Mortgage Loan Documents. At Agent’s option, after the discovery of any default by a Mortgagor Customer, Borrower shall refer the matter to Agent’s attorneys, whereafter Borrower shall cooperate with said attorneys in connection therewith, including, without limitation, in connection with any action to foreclose on such defaulted Mortgage Loan Collateral; (h) notify the Indenture Trustee Agent of (i1) any abandonment by a Mortgagor Customer of such Mortgaged PropertyProperty or a closure of its business; (ii2) the IssuerBorrower’s receipt of a notice from a Mortgagor Customer alleging that the Issuer Agent is in default in the performance of its obligations under the Mortgage Loan Collateral or that any other right, entitlement, protection or condition for the benefit of a Mortgagor Customer is not being observed, performed or satisfied; (iii3) the IssuerBorrower’s receipt of any notice of a proposed or threatened exercise of the right of eminent domain with respect to the Mortgaged Real Property or any portion thereof; and (iv4) any casualty, damage or injury to the Mortgaged Real Property or a portion thereof which could create a risk of a material, immediate diminution in the revenue earned by or generated from the Mortgaged Real Property; (i) communicate with each Mortgagor Customer on all matters concerning such Mortgagor Customer’s Mortgage Loan Collateral and promptly forward to Agent upon its request copies of all notices, correspondence, bills, invoices, documents and instruments by or between each Mortgagor Customer or Borrower or otherwise received by Borrower with respect to the Mortgage Loan Collateral or the Real Property; (j) cooperate and assist in any legal proceedings by or against the Indenture Trustee Agent or any the Indenture Trustee Lender with regard to the Mortgage Loan Collateral or the Mortgaged Real Property and involving third parties; (jk) following an event of a default by any Mortgagor Customer which is not timely cured within any applicable notice and cure period, promptly advise Agent thereof, and take such action as may be necessary or appropriate with respect to such default, including, without limitation, retaining counselcounsel on Agent’s behalf, but at the IssuerBorrower’s sole cost and expense, to foreclose the defaulting Mortgage Loan Collateral. Agent shall not be responsible for advancing the fees and disbursements of counsel in connection with any legal proceedings commenced in connection with the Mortgage Loan Collateral, but shall fully cooperate with and assist counsel in connection therewith; (kl) maintain and keep in good order separate, accurate and complete accounts and records (other than books of account maintained by Agent’s accountants) for the Indenture TrusteeAgent, and maintain orderly files containing records of interest and principal paid, insurance policies, leases and subleases, correspondence correspondence, receipted bills and vouchers, and all other documents and papers pertaining to the Mortgage Loan Collateral and the Mortgaged Real Property or the operation thereof; (lm) at the Indenture TrusteeAgent’s option, either audit and verify the accuracy of any statements and information required to be submitted by any Mortgagor Customer with respect to its Mortgage Loan Collateral or refer said matter to the Indenture TrusteeAgent’s accountants and cooperate with said accountants in the conduct of any such audit; (mn) take service, if requested, for the Indenture Trustee Agent of legal notices; advise the Indenture TrusteeAgent’s attorneys as promptly as possible of such service; advise the Indenture Trustee Agent of the receipt of information concerning any claim of injury, damage or other liability against the Indenture Trustee Agent or any the Indenture Trustee Lender and, to the extent available, other relevant information concerning such claim; and provide copies of all relevant legal papers to the Indenture TrusteeAgent’s attorneys. The Issuer Borrower will give notice of claims and forward documents to the Indenture TrusteeAgent’s insurance carrier whenever appropriate, and furnish the Indenture Trustee Agent with copies of insurance claims made against or on behalf of the Indenture TrusteeAgent; and (no) generally, do all things reasonably deemed necessary or desirable for the proper servicing of Mortgage Loan Collateral.

Servicing Agent. The Issuer Borrowers shall, subject to the terms and conditions herein set forth, act as servicing agent for Agent in connection with the Eligible Mortgage Loans, including performance of the following services: (a) collect on a monthly basis all principal and interest due from each Mortgagor Customer under the Mortgage Notes and any other Mortgage Loan Document; (b) collect any other revenue due in connection with the Mortgage Notes, and any other Mortgage Loan Document, and any other revenue due in connection with matters relating to any Mortgaged Property, including, without limitation, any rents, security deposits, additional rent, direct and indirect operating costs, tenant improvement charges, and any amounts due in connection with or as a result of any casualty or exercise of eminent domain; (c) except as otherwise provided herein, instruct all Mortgagor Customers to remit all payments in respect of the Mortgage Notes to the Collection AccountBlocked Account in accordance with Section 4.14(d); (d) cause each Mortgagor Customer to keep the Mortgaged Property owned by such Mortgagor Customer insured in accordance with this IndentureAnnex Two, Part I; (e) immediately upon the filing of a notice of lien against any Mortgaged Property, cause the applicable each Mortgagor Customer to pay on or before the date when due, any and all general and special city and county taxes of every kind and nature, any and all real estate and ad valorem taxes, personal property taxes, assessments, water rates, sewer rents, fines, impositions, levies, permits, inspection and license fees, all special assessments for public improvements (without permitting any improvement bond to be issued for special assessments) and all other charges now or hereafter levied or imposed upon or assessed against such the Mortgaged Property owned by such Mortgagor Customer or any part thereof by any municipality or other governmental authority or upon the revenues, rents, issues, income and profits of such Mortgaged Property or arising in respect of the occupancy, use or possession thereof or the use of walks, chutes, areas and other space beyond the lot line of such Mortgaged Property and on or abutting the public sidewalks and/or highways in front or adjoining such Mortgaged Property or pursuant to any environmental protection act for the use of any furnace, compactors, incinerators, parking areas or for other matters covered by any such act, together with any penalties and interest on any of the foregoingforegoing (hereinafter collectively referred to as “Taxes”), and in the event of a default thereof, Agent may pay the same, which costs shall be secured by the Liens granted pursuant to this Agreement with interest thereon as herein provided. Borrowers will repay all such costs upon demand. Borrowers agree to notify Agent and the appropriate taxing authorities immediately upon the happening of any event which does or may affect the value of the Mortgaged Property, or any portion thereof, the basis of the Mortgaged Property, or any portion thereof, or the availability of any exemption to which Borrowers are or may be entitled; (f) notify the Indenture Trustee Agent of any monetary default or other material default by any Mortgagor Customer under the terms, covenants and conditions of any Mortgage Loan Collateral within five (5) days Business Days after the date the Issuer any Borrower discovers such default; (g) notify the appropriate Mortgagor Customer of any monetary default or other material default under the terms of any Mortgage Loan Collateral in accordance with the terms of the applicable Mortgage Loan Documents, and otherwise communicate with such Mortgagor Customer on the Indenture TrusteeAgent’s behalf as and when required pursuant to the terms of such Mortgage Loan Documents. At Agent’s option, after the discovery of any default by a Mortgagor Customer, Borrowers shall refer the matter to Agent’s attorneys, whereafter Borrowers shall cooperate with said attorneys in connection therewith, including, without limitation, in connection with any action to foreclose on such defaulted Mortgage Loan Collateral; (h) notify the Indenture Trustee Agent of (i1) any abandonment by a Mortgagor Customer of such Mortgaged PropertyProperty or a closure of its business; (ii2) the Issuerany Loan Party’s receipt of a notice from a Mortgagor Customer alleging that the Issuer Agent is in default in the performance of its obligations under the Mortgage Loan Collateral or that any other right, entitlement, protection or condition for the benefit of a Mortgagor Customer is not being observed, performed or satisfied; (iii3) the Issuerany Loan Party’s receipt of any notice of a proposed or threatened exercise of the right of eminent domain with respect to the Mortgaged Property or any portion thereof; and (iv4) any casualty, damage or injury to the Mortgaged Property or a portion thereof which could create a risk of a material, immediate diminution in the revenue earned by or generated from the Mortgaged Property; (i) communicate with each Mortgagor Customer on all matters concerning such Mortgagor Customer’s Mortgage Loan Collateral and promptly forward to Agent upon its request copies of all notices, correspondence, bills, invoices, documents and instruments by or between each Mortgagor Customer or any Borrower or otherwise received by Borrower with respect to the Mortgage Loan Collateral or the Mortgaged Property; (j) cooperate and assist in any legal proceedings by or against the Indenture Trustee or any the Indenture Trustee Agent with regard to the Mortgage Loan Collateral or the Mortgaged Property and involving third parties; (jk) following an event of a default by any Mortgagor Customer which is not timely cured within any applicable notice and cure period, promptly advise Agent thereof, and take such action as may be necessary or appropriate with respect to such default, including, without limitation, retaining counselcounsel on Agent’s behalf, but at the Issuer’s Borrowers’ sole cost and expense, to foreclose the defaulting Mortgage Loan Collateral. Agent shall not be responsible for advancing the fees and disbursements of counsel in connection with any legal proceedings commenced in connection with the Mortgage Loan Collateral, but shall fully cooperate with and assist counsel in connection therewith; (kl) maintain and keep in good order separate, accurate and complete accounts and records (other than books of account maintained by Agent’s accountants) for the Indenture TrusteeAgent, and maintain orderly files containing records of interest and principal paid, insurance policies, leases and subleases, correspondence correspondence, receipted bills and vouchers, and all other documents and papers pertaining to the Mortgage Loan Collateral and the Mortgaged Property or the operation thereof; (lm) at the Indenture TrusteeAgent’s option, either audit and verify the accuracy of any statements and information required to be submitted by any Mortgagor Customer with respect to its Mortgage Loan Collateral or refer said matter to the Indenture TrusteeAgent’s accountants and cooperate with said accountants in the conduct of any such audit; (mn) take service, if requested, for the Indenture Trustee Agent of legal notices; advise the Indenture TrusteeAgent’s attorneys as promptly as possible of such service; advise the Indenture Trustee Agent of the receipt of information concerning any claim of injury, damage or other liability against the Indenture Trustee Agent or any the Indenture Trustee Agent and, to the extent available, other relevant information concerning such claim; and provide copies of all relevant legal papers to the Indenture TrusteeAgent’s attorneys. The Issuer Borrowers will give notice of claims and forward documents to the Indenture TrusteeAgent’s insurance carrier whenever appropriate, and furnish the Indenture Trustee Agent with copies of insurance claims made against or on behalf of the Indenture TrusteeAgent; and (no) generally, do all things reasonably deemed necessary or desirable for the proper servicing of Mortgage Loan Collateral.

Servicing Agent. The Issuer Borrower shall, subject to the terms and conditions herein set forth, act as servicing agent for Lender in connection with the Eligible Mortgage Loans, including performance of the following services: (a) collect on a monthly basis all principal and interest due from each Mortgagor Customer under the Mortgage Notes and any other Mortgage Loan Document; (b) collect any other revenue due in connection with the Mortgage Notes, and any other Mortgage Loan Document, and any other revenue due in connection with matters relating to any Mortgaged Real Property, including, without limitation, any rents, security deposits, additional rent, direct and indirect operating costs, tenant improvement charges, and any amounts due in connection with or as a result of any casualty or exercise of eminent domain; (c) except as otherwise provided herein, instruct all Mortgagor Customers to remit all payments in respect of the Mortgage Notes to the Collection AccountBlocked Account in accordance with Section 4.14(d); (d) cause each Mortgagor Customer to keep the Mortgaged Real Property owned by such Mortgagor Customer insured in accordance with this IndentureAnnex Two, Part 1; (e) immediately upon the filing of a notice of lien against any Mortgaged Property, cause the applicable each Mortgagor Customer to pay on or before the date when due, any and all general and special city and county taxes of every kind and nature, any and all real estate and ad valorem taxes, personal property taxes, assessments, water rates, sewer rents, fines, impositions, levies, permits, inspection and license fees, all special assessments for public improvements (without permitting any improvement bond to be issued for special assessments) and all other charges now or hereafter levied or imposed upon or assessed against the Real Property owned by such Mortgaged Property Mortgagor Customer or any part thereof by any municipality or other governmental authority or upon the revenues, rents, issues, income and profits of such Mortgaged Real Property or arising in respect of the occupancy, use or possession thereof or the use of walks, chutes, areas and other space beyond the lot line of such Mortgaged Real Property and on or abutting the public sidewalks and/or highways in front or adjoining such Mortgaged Real Property or pursuant to any environmental protection act for the use of any furnace, compactors, incinerators, parking areas or for other matters covered by any such act, together with any penalties and interest on any of the foregoingforegoing (hereinafter collectively referred to as “Taxes”), and in the event of a default thereof, Lender may pay the same, which costs shall be secured by the Liens granted pursuant to this Agreement with interest thereon as herein provided. Borrower will repay all such costs upon demand. Borrower shall notify Lender immediately upon receipt by Borrower of any notice of increase in the assessed value of the Real Property, or any portion thereof, and agrees that Lender, in the name of any Mortgagor Customer, may (but shall not be obligated to) contest by appropriate proceedings such increase in assessment. Borrower agrees to notify Lender and the appropriate taxing authorities immediately upon the happening of any event which does or may affect the value of the Real Property, or any portion thereof, the basis of the Real Property, or any portion thereof, or the availability of any exemption to which Borrower is or may be entitled; (f) notify the Indenture Trustee Lender of any monetary default or other material default by any Mortgagor Customer under the terms, covenants and conditions of any Mortgage Loan Collateral within five (5) days after the date the Issuer Borrower discovers such default; (g) notify the appropriate Mortgagor Customer of any monetary default or other material default under the terms of any Mortgage Loan Collateral in accordance with the terms of the applicable Mortgage Loan Documents, and otherwise communicate with such Mortgagor Customer on the Indenture TrusteeLender’s behalf as and when required pursuant to the terms of such Mortgage Loan Documents. At Lender’s option, after the discovery of any default by a Mortgagor Customer, Borrower shall refer the matter to Lender’s attorneys, whereafter Borrower shall cooperate with said attorneys in connection therewith, including, without limitation, in connection with any action to foreclose on such defaulted Mortgage Loan Collateral; (h) notify the Indenture Trustee Lender of (i1) any abandonment by a Mortgagor Customer of such Mortgaged PropertyProperty or a closure of its business; (ii2) the IssuerBorrower’s receipt of a notice from a Mortgagor Customer alleging that the Issuer Lender is in default in the performance of its obligations under the Mortgage Loan Collateral or that any other right, entitlement, protection or condition for the benefit of a Mortgagor Customer is not being observed, performed or satisfied; (iii3) the IssuerBorrower’s receipt of any notice of a proposed or threatened exercise of the right of eminent domain with respect to the Mortgaged Real Property or any portion thereof; and (iv4) any casualty, damage or injury to the Mortgaged Real Property or a portion thereof which could create a risk of a material, immediate diminution in the revenue earned by or generated from the Mortgaged Real Property; (i) communicate with each Mortgagor Customer on all matters concerning such Mortgagor Customer’s Mortgage Loan Collateral and promptly forward to Lender upon its request copies of all notices, correspondence, bills, invoices, documents and instruments by or between each Mortgagor Customer or Borrower or otherwise received by Borrower with respect to the Mortgage Loan Collateral or the Real Property; (j) cooperate and assist in any legal proceedings by or against the Indenture Trustee Lender or any the Indenture Trustee Lender with regard to the Mortgage Loan Collateral or the Mortgaged Real Property and involving third parties; (jk) following an event of a default by any Mortgagor Customer which is not timely cured within any applicable notice and cure period, promptly advise Lender thereof, and take such action as may be necessary or appropriate with respect to such default, including, without limitation, retaining counselcounsel on Lender’s behalf, but at the IssuerBorrower’s sole cost and expense, to foreclose the defaulting Mortgage Loan Collateral. Lender shall not be responsible for advancing the fees and disbursements of counsel in connection with any legal proceedings commenced in connection with the Mortgage Loan Collateral, but shall fully cooperate with and assist counsel in connection therewith; (kl) maintain and keep in good order separate, accurate and complete accounts and records (other than books of account maintained by Lender’s accountants) for the Indenture TrusteeLender, and maintain orderly files containing records of interest and principal paid, insurance policies, leases and subleases, correspondence correspondence, receipted bills and vouchers, and all other documents and papers pertaining to the Mortgage Loan Collateral and the Mortgaged Real Property or the operation thereof; (lm) at the Indenture TrusteeLender’s option, either audit and verify the accuracy of any statements and information required to be submitted by any Mortgagor Customer with respect to its Mortgage Loan Collateral or refer said matter to the Indenture TrusteeLender’s accountants and cooperate with said accountants in the conduct of any such audit; (mn) take service, if requested, for the Indenture Trustee Lender of legal notices; advise the Indenture TrusteeLender’s attorneys as promptly as possible of such service; advise the Indenture Trustee Lender of the receipt of information concerning any claim of injury, damage or other liability against the Indenture Trustee Lender or any the Indenture Trustee Lender and, to the extent available, other relevant information concerning such claim; and provide copies of all relevant legal papers to the Indenture TrusteeLender’s attorneys. The Issuer Borrower will give notice of claims and forward documents to the Indenture TrusteeLender’s insurance carrier whenever appropriate, and furnish the Indenture Trustee Lender with copies of insurance claims made against or on behalf of the Indenture TrusteeLender; and (no) generally, do all things reasonably deemed necessary or desirable for the proper servicing of Mortgage Loan Collateral.