Common use of EXCEPTIONS TO EXCULPATION Clause in Contracts

EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article to the contrary, Borrower (but not its members, partners or shareholders except to the extent any such member, partner or shareholder is liable for Losses due to its own fraud or intentional misrepresentation) shall be personally liable to Lender for the Losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower or any agent acting on behalf of Borrower in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security Documents; (ii) Borrower's misapplication or misappropriation of Rents received by Borrower after the occurrence of an Event of Default; (iii) Borrower's misappropriation of tenant security deposits or Rents collected in advance; (iv) the misapplication or the misappropriation of insurance proceeds or condemnation awards; (v) Borrower's failure to pay Taxes, Other Charges, but only to the extent such Other Charges may be superior to the lien of this Security Instrument (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument); (vi) intentionally omitted; (vii) any act of arson by Borrower, any principal, affiliate, member or general partner thereof; (viii) any fees or commissions paid by Borrower to any principal, affiliate, member or general partner of Borrower in violation of the terms of the Note, this Security Instrument or the Other Security Documents; or (ix) Borrower's failure to comply with the provisions of Sections 4.2, 12.1 and 12.2 of this Security Instrument.

EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article 15.1 to the contrary, Borrower (but not its members, partners or shareholders except to the extent any such member, partner or shareholder is liable for Losses due to its own fraud or intentional misrepresentation) Grantor and Indemnitor shall be personally liable to Lender Beneficiary on a joint and several basis for the Losses it Beneficiary incurs due to: (ia) fraud or intentional misrepresentation by Borrower Grantor or any agent acting on behalf of Borrower other person or entity in connection with the execution and the delivery of the NoteGuaranty, this Security Instrument or the Other Security Documents; (iib) BorrowerGrantor's misapplication or misappropriation of Rents received by Borrower Grantor after the occurrence and during the continuance of an Event of Default; (iiic) BorrowerGrantor's misapplication or misappropriation of tenant security deposits or Rents collected in advance; (ivd) the misapplication or the misappropriation of insurance proceeds or condemnation awardsawards after the occurrence and during the continuance of an Event of Default; (v) Borrower's failure to pay Taxes, Other Charges, but only to the extent such Other Charges may be superior to the lien of this Security Instrument (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument); (vi) intentionally omitted; (vii) any act of arson by Borrower, any principal, affiliate, member or general partner thereof; (viiie) any fees or commissions paid by Borrower Grantor after the occurrence and during the continuance of an Event of Default to any principal, affiliate, member affiliate or general partner of Borrower Grantor, Indemnitor or Guarantor in violation of the terms of the NoteGuaranty, this Security Instrument or the Other Security Documents; (f) gross negligence or criminal acts perpetrated by it resulting in forfeiture, seizure or loss of any portion of the security; (ixg) Borrower's any failure by Grantor or Indemnitor to comply with the terms and provisions of Sections 4.2Section 13.4 hereof or of the Environmental Indemnity; (h) any failure by Grantor or any general partner or the SPE Member of Grantor to comply with the terms and provisions of Section 4.3 hereof; or (i) any sale, 12.1 and 12.2 conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment or transfer of this Security Instrumentthe Property or any part thereof, within the meaning of Article 8 hereof, without the prior written consent of Beneficiary.

EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article to the contrary, Borrower (but not its members, partners or shareholders except to the extent any such member, partner or shareholder is liable for Losses due to its own fraud or intentional misrepresentation) shall be personally liable to Lender for the Losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower or any agent acting on behalf of Borrower in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security DocumentsBorrower; (ii) Borrower's misapplication or misappropriation of Rents received by Borrower after the occurrence of an Event of Default; (iii) Borrower's misappropriation of tenant security deposits or Rents collected in advance; (iv) the misapplication or the misappropriation of insurance proceeds or condemnation awards; (v) Borrower's failure to pay Taxes, Other Charges, but only to the extent such Other Charges may be superior to the lien of this Security Instrument (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument), charges for labor or materials or other charges that can create liens on the Property; (vi) intentionally omittedBorrower's failure to return or to reimburse Lender for all Personal Property taken from the Property by or on behalf of Borrower and not replaced with Personal Property of the same utility and of the same or greater value; (vii) any act of actual waste or arson by Borrower, any principal, affiliate, member or general partner thereofthereof or by any Indemnitor or Guarantor; (viii) any fees or commissions paid by Borrower to any principal, affiliate, member or general partner of Borrower Borrower, Indemnitor or Guarantor in violation of the terms of the Note, this Security Instrument or the Other Security Documents; or (ix) Borrower's failure to comply with the provisions of Sections 4.2, 12.1 , and 12.2 of this Security Instrument.

EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article Section 15.1 to the contrary, Borrower (but not its membersBorrower, partners or shareholders except to the extent any such member, partner or shareholder is liable for Losses due to its own fraud or intentional misrepresentation) Guarantor and Indemnitor shall be personally liable to Lender on a joint and several basis for the Losses it Lender incurs due to: (ia) fraud or intentional misrepresentation by Borrower it or any agent acting on behalf of Borrower other person or entity in connection with the execution and the delivery of the Note, this Security Instrument or the Other other Security Documents; (iib) Borrower's the misapplication or misappropriation of Rents received by Borrower after the occurrence of an Event of DefaultBorrower; (iiic) Borrower's the misapplication or misappropriation of tenant security deposits or Rents collected in advance; (ivd) the misapplication or the misappropriation of insurance proceeds or condemnation awards; (v) Borrower's failure to pay Taxes, Other Charges, but only to the extent such Other Charges may be superior to the lien of this Security Instrument (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument); (vi) intentionally omitted; (vii) any act of arson by Borrower, any principal, affiliate, member or general partner thereof; (viiie) any fees or commissions paid by Borrower after the occurrence and during the continuance of an Event of Default to any principal, affiliate, member affiliate or general partner of Borrower Borrower, Indemnitor or Guarantor in violation of the terms of the Note, this Security Instrument or the Other other Security Documents; (f) gross negligence or criminal acts perpetrated by it resulting in forfeiture, seizure or loss of any portion of the Property or the security interest in the Property; (ixg) Borrower's any failure by Borrower or Indemnitor to comply with the terms and provisions of Sections 4.2the Environmental Indemnity; (h) any failure by Borrower or the SPE Member to comply, 12.1 or to have complied since their inception, with the terms and 12.2 provisions of this Security InstrumentSection 4.3 hereof; (i) all fees and expenses of Lender pursuant to Section 19.2 hereof; or (j) any sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment or transfer of the Property or any part thereof, within the meaning of Article 8 hereof, without the prior written consent of Lender.

EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article 15.1 to the contrary, Borrower (but not its members, partners or shareholders except to the extent any such member, partner or shareholder is liable for Losses due to its own fraud or intentional misrepresentation) and Guarantor shall be personally liable to Lender on a joint and several basis for the Losses it Lender incurs due to: (ia) fraud or intentional misrepresentation by Borrower or any agent acting on behalf of Borrower other person or entity in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security Documents; (iib) Borrower's material misapplication or material misappropriation of Rents received by Borrower after the occurrence and during the continuance of an Event of Default; (iiic) Borrower's material misapplication or material misappropriation of tenant security deposits or Rents collected in advance; (ivd) the material misapplication or the material misappropriation of insurance proceeds or condemnation awardsawards after the occurrence and during the continuance of an Event of Default; (ve) Borrower's failure to pay Taxesunless otherwise approved by Lender, Other Charges, but only to the extent such Other Charges may be superior to the lien of this Security Instrument (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument); (vi) intentionally omitted; (vii) any act of arson by Borrower, any principal, affiliate, member or general partner thereof; (viii) any fees or commissions paid by Borrower after the occurrence and during the continuance of an Event of Default to any principal, affiliate, member affiliate or general partner of Borrower Borrower, Indemnitor or Guarantor in violation of the terms of the Note, this Security Instrument or the Other Security Documents; (f) gross negligence, or criminal acts perpetrated by it resulting in forfeiture, seizure or loss of any portion of the Property; (ixg) Borrower's any failure by Borrower or Indemnitor to comply with the terms and provisions of Sections 4.2Section 13.4 hereof or of the Environmental Indemnity; (h) any failure by Borrower or any general partner or the SPE Member of Borrower to comply with the terms and provisions of Section 4.3 hereof; (i) all fees and expenses of Lender pursuant to Section 19.2 hereof; or (j) any sale, 12.1 and 12.2 conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment or transfer of the Property or any part thereof, within the meaning of Article 8 hereof, without the prior written consent of Lender, unless expressly permitted pursuant to the terms of this Security Instrument, the Note or any of te Other Security Documents.