Common use of Repair and Remediation Reserve Clause in Contracts

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) (the “Repair and Remediation Reserve”) by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the Engineering Report (the “Deferred Maintenance”) to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks or other evidence satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party reasonably acceptable to Mortgagee describing the completed work, and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 6,000 (the “Repair and Remediation Reserve”) by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the that certain Engineering Report (the “Engineering Report”) entitled Property Condition Report, dated August 16, 2002 and prepared by National Assessment Corporation (the “Deferred Maintenance”) to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default has occurred and is continuingoccurred, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuingoccurred, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in a form as may be required by Mortgagee that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Mortgaged Property is, as a result of such work, in compliance with all applicable laws, ordinances, rules and regulations relating to the Deferred Maintenance so performed and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety sixty (9060) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so in accordance with the terms and conditions of this Section 1.345.3, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 36,775.00 (the “"Repair and Remediation Reserve”") by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the Exhibit C attached hereto and made a part hereof and as more particularly described in that certain Engineering Report (the “"Engineering Report") entitled Property Condition Report, dated March 21, 2000 and prepared by Inspection & Valuation International (the "Deferred Maintenance”") to be completed, performed, remediated and corrected to the reasonable satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default has occurred and is continuingoccurred, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuingoccurred, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or and incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor that in the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgageform annexed hereto as Exhibit B, (b) delivery to Mortgagee of paid invoices, receipts, cancelled checks receipts or other evidence reasonably satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Mortgaged Property is, as a result of such work, in compliance with all applicable laws, ordinances, rules and regulations 49 51 relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property, and (e) the receipt by Mortgagee of an administrative fee in the amount of $150.00. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the reasonable satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s 's failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may reasonably determine in its sole and absolute discretion but without obligation to do so.

Repair and Remediation Reserve. Prior to the execution of this MortgageAssumption Agreement, Mortgagee Noteholder has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Assumptor has established with the Mortgagee Noteholder a reserve in the amount of zero dollars (125% of the estimated costs of the repairs, which amount is $0.00) 8,750.00 (the “Repair and Remediation Reserve”) by depositing such amount with MortgageeNoteholder. Mortgagor Assumptor shall cause each of the items described identified in the Engineering that certain Property Condition Report performed by Nova Consulting on March 10, 2010 (the “Deferred Maintenance”) to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations Noteholder on or before the expiration of six (6) months after the effective date Closing Date hereof, as such time period may be extended by Mortgagee Noteholder in its sole discretion. So long as no Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Noteholder in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default default hereunder or Event of Default under the other Loan Documents has occurred and is continuing, Mortgagee Noteholder shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Assumptor the amount paid or incurred by Mortgagor Assumptor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon within thirty (30) days after (a) the receipt by Mortgagee Noteholder of a written request from Mortgagor Assumptor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Assumptor in a form as may be required by Noteholder that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this MortgageAssumption, (b) delivery to Mortgagee Noteholder of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Noteholder verifying the costs of the Deferred Maintenance to be reimbursed, and (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party reasonably acceptable to Mortgagee describing the completed work, and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Noteholder of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Noteholder showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee Noteholder shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee Noteholder shall be entitled to rely on such request from Mortgagor Assumptor without any inquiry into the accuracy, validity or contestability of any such amount. No Assumptor hereby grants to Noteholder, as additional security for payment of the indebtedness secured hereby, a security interest in the Repair and Remediation Reserve. The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, bear interest or be deemed to be escrow or trust funds, but at Noteholder’s option and in Noteholder’s discretion, may either be held in a separate account or be commingled by Noteholder with the general funds of Noteholder. The Repair and Remediation Reserve is solely for the protection of Noteholder and entails no responsibility on Noteholder’s part beyond the payment of the costs and expenses described in this paragraph in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. . In the event that the amounts on deposit or available in the Repair and Remediation Reserve are inadequate to pay the costs of the Deferred Maintenance, Assumptor shall pay the amount of such deficiency. Upon assignment of the Loan Documents by Noteholder, any funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected turned over to the satisfaction assignee and any responsibility of Mortgagee following Noteholder, as assignor, with respect thereto shall terminate. If there is a default hereunder or under the expiration of other Loan Documents which is not cured within any applicable grace or cure period, Noteholder may, but shall not be obligated to, apply at any time the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit balance then remaining in the Repair and Remediation Reserve against the indebtedness secured hereby in whatever order Noteholder shall subjectively determine. No such application of the Repair and Remediation Reserve shall be deemed to cure any default hereunder. Upon the earlier to occur of full payment of the indebtedness secured hereby in accordance with its terms, the completion of the Deferred Maintenance to the costs associated therewithsatisfaction of Noteholder or at such earlier time as Noteholder may elect, all as Mortgagee may determine the balance of the Repair and Remediation Reserve then in its sole Noteholder’s possession shall be paid over to Assumptor and absolute discretion but without obligation to do sono other party shall have any right or claim thereto.

Repair and Remediation Reserve. Prior to the execution of this MortgageSecurity Deed, Mortgagee Grantee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Grantor has established with the Mortgagee Grantee a reserve in the amount of zero dollars ($0.00) 18,750.00 (the “"Repair and Remediation Reserve”") by depositing such amount with MortgageeGrantee. Mortgagor Grantor shall cause each of the items described in the Exhibit C attached hereto and made a part hereof and as more particularly described in that certain Engineering Report entitled Physical Facility Inspection Report, dated April, 1999 and prepared by Comprehensive Building Analysis, Inc. (the “"Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee Grantee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months 90 days after the effective date hereof, as such time period may be extended by Mortgagee Grantee in its sole discretion. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Grantee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Mortgagee Grantee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Grantor the amount paid or incurred by Mortgagor Grantor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee Grantee of a written request from Mortgagor Grantor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Grantor in the form annexed hereto as Exhibit B that the applicable item of Deferred Maintenance has been paid for and completed in accordance with the terms of this MortgageSecurity Deed, (b) delivery to Mortgagee Grantee of paid invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Grantee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Grantee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee Grantee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Property is, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Grantee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Grantee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished furnishd to the Mortgaged Property, and (e) the receipt by Grantee of an administrative fee in the amount of $150.00. Mortgagee Grantee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee Grantee shall be entitled to rely on such request from Mortgagor Grantor without any inquiry into the accuracy, validity or contestability of any such amount. Grantor hereby grants to Grantee, as additional security for payment of the indebtedness secured hereby, a security interest in the Repair and Remediation Reserve. In no event may Grantor be entitled to reimbursement of any costs with respect to each item of Deferred Maintenance in excess of the applicable amount set forth in Exhibit C attached hereto and made part hereof. The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee Grantee to MortgagorGrantor. Mortgagor The Repair and Remediation Reserve is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of the costs and expenses described in this paragraph in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. In the event that the amounts on deposit or available in the Repair and Remediation Reserve are inadequate to pay the costs of the Deferred Maintenance, Grantor shall pay the amount of such deficiency. Upon assignment of this Security Deed by Grantee, any funds in the Repair and Remediation Reserve shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If there is a default under this Security Deed which is not cured ithin any applicable grace or cure period, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Repair and Remediation Reserve against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Repair and Remediation Reserve shall be deemed to cure any default hereunder. Grantor hereby grants to Mortgagee Grantee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and Grantee upon Mortgagor’s Grantor's failure to do so in accordance with the terms and conditions of this Section 1.34Security Deed, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee Grantee may determine in its sole and absolute discretion but without obligation to do so. Upon the earlier to occur of full payment of the indebtedness secured hereby in accordance with its terms, the completion of the Deferred Maintenance to the satisfaction of the Grantee or at such earlier time as Grantee may elect, the balance of the Repair and Remediation Reserve then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 34,990.00 (the “"Repair and Remediation Reserve”") by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the that certain Engineering Report dated September 11, 1995 and prepared by Albexx X. Xxxxx Xxxociates (the “"Deferred Maintenance”") to be completed, performed, remediated and corrected to the reasonable satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default default hereunder or Event of Default under the other Loan Documents has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in a form as may be required by Mortgagee that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party reasonably acceptable to Mortgagee describing the completed work, and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so.evidence

Repair and Remediation Reserve. Prior to the execution of this MortgageAgreement, Mortgagee Lender has caused each Property in the Mortgaged Property Pool to be inspected and such inspection has revealed that certain Properties (each, a “Deferred Maintenance Property” and collectively, the Mortgaged Property is “Deferred Maintenance Properties”) are in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Borrower has established with the Mortgagee Lender a reserve in the amount of zero dollars Six Hundred Forty-Four Thousand and 00/100 Dollars ($0.00644,000.00) (the “Repair and Remediation Reserve”) by depositing such amount with MortgageeExisting Lender. Mortgagor Borrower shall cause each of the items described in the Engineering Report Schedule 4 attached hereto and made a part hereof (the “Deferred Maintenance”) to be completed, performed, remediated and corrected to the satisfaction of Mortgagee Lender and as necessary to bring the Mortgaged Property Deferred Maintenance Properties into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six one hundred-eighty (6180) months days after the effective date hereofB Loan Closing Date, as such time period may be extended by Mortgagee Lender in its sole reasonable discretion. Lender shall have the right to inspect the work from time to time to insure that the work is being completed in a good and workmanlike manner. So long as no Default or Event of Default has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Lender in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuing, Mortgagee Lender shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Borrower the amount paid or incurred by Mortgagor Borrower in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee Lender of a written request from Mortgagor Borrower for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Borrower in the form annexed hereto as Exhibit D that the applicable item or segment of Deferred Maintenance has been fully completed and that all Deferred Maintenance work with respect to any item or segment at a Property for which funds are requested has been completed in accordance with the terms of this MortgageAgreement, (b) delivery to Mortgagee Lender of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Lender verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00if applicable, delivery to Mortgagee Lender of a certification any and all certifications from a third party inspecting architects, engineers or other consultants reasonably acceptable to Mortgagee Lender describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Deferred Maintenance Properties are, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Lender of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Lender showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property Deferred Maintenance Properties with respect to such item or segment have been paid all amounts due for such labor and materials furnished to the Mortgaged PropertyDeferred Maintenance Properties, and (e) the receipt by Lender of an administrative fee for each disbursement request in an amount equal to all of Lender’s out of pocket costs and expenses plus Lender’s then customary charge for performing such service, but in no event less than $1,000.00. Mortgagee Lender shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day periodperiod and for an amount less than $10,000. In making any payment from the Repair and Remediation Reserve, Mortgagee Reserve Lender shall be entitled to rely on such the request from Mortgagor Borrower without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance or be deemed to be completedescrow or trust funds, performedbut, remediated at Lender’s option and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon MortgagorLender’s failure to do so discretion, may either be held in accordance a separate account or be commingled by Lender with the terms and conditions general funds of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do soLender.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve (the "REPAIR AND REMEDIATION RESERVE"). On the date hereof, Mortgagor shall pay to Mortgagee for deposit in the amount of zero dollars ($0.00) (the “Repair and Remediation Reserve”) by depositing such Reserve an amount with Mortgageeequal to $15,312.50. Mortgagor shall cause (or cause Primary Tenant to cause) each of the items described described, in the Engineering Report Exhibit C-1 attached hereto and made a part hereof (the “Deferred Maintenance”"DEFERRED MAINTENANCE") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration number of six (6) months after the effective date days specified next to each item described in Exhibit C-2 attached hereto and made a part hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default hereunder, and no default under any of the other Loan Documents, has occurred and is continuing, Mortgagee shall, shall to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor or Primary Tenant in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in the form annexed hereto as Exhibit B that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks receipts or other evidence reasonably satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Property is, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property, and (e) the receipt by Mortgagee of an administrative fee in the amount of $150.00. Mortgagee shall not be required required, to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor or without any inquiry into the accuracy, validity or contestability of any such amount. Mortgagor hereby grants to Mortgagee, as additional security for payment of the indebtedness secured hereby, a security interest in the Repair and Remediation Reserve. In no event may Mortgagor be entitled to reimbursement of any costs, with respect to each item of Deferred Maintenance in excess of the applicable amount set forth in Exhibit C-1 attached hereto and made part hereof. The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be or be deemed to escrow or trust funds, but at Mortgagee's option and in Mortgagee's discretion, may either be held in a separate account or be commingled by Mortgagee with the general funds of Mortgagee. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. The Repair, and Remediation Reserve is solely for the protection of Mortgagee and entails no responsibility on Mortgagee's part beyond the payment of the costs and expenses described in this paragraph in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. In the event that the amounts on deposit or available in the Repair and Remediation Reserve are inadequate to pay the costs of the Deferred Maintenance, Mortgagor shall pay the amount of such deficiency. Upon assignment of this Mortgage by Mortgagee and assumption by the assignee of the Mortgagee's obligations hereunder, any funds in the Repair and Remediation Reserve shall be turned over to the assignee and any responsibility of Mortgagee, as assignor, with respect thereto shall terminate. Upon an event of Default, Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Repair and Remediation Reserve against the indebtedness secured hereby in whatever order Mortgagee shall subjectively determine. No such application of the Repair and Remediation Reserve shall be deemed to cure any Default hereunder. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee upon 30 days notice to Mortgagor following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s 's failure to do so in accordance with the terms and conditions of this Section 1.34Mortgage (provided that no such notice shall be required during the existence of an Event of Default or if Mortgagee determines that its security hereunder is threatened), and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so. Upon the earlier to occur of full payment of the indebtedness secured hereby in accordance with its terms, the completion of the Deferred Maintenance to the reasonable satisfaction of the Mortgagee or at such earlier time as Mortgagee may elect, the balance of the Repair and Remediation reserve then in Mortgagee's possession shall be paid over to Mortgagor and no other party shall have any right or claim thereto.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 26,125 (the “"Repair and Remediation Reserve”") by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the Exhibit C attached hereto and made a part hereof and as more particularly described in that certain Engineering Report entitled Physical Facility Inspection Report, dated April 30, 1999 and prepared by Comprehensive Building Analysis Inc. (the “"Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months 90 days after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in the form annexed hereto as Exhibit B that the applicable item of Deferred Maintenance has been paid for and completed in n accordance with the terms of this Mortgage, (b) delivery to Mortgagee of paid invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Property is, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property, and (e) the receipt by Mortgagee of an administrative fee in the amount of $150.00. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. Mortgagor hereby grants to Mortgagee, as additional security for payment of the indebtedness secured hereby, a security interest in the Repair and Remediation Reserve. In no event may Mortgagor be entitled to reimbursement of any costs with respect to each item of Deferred Maintenance in excess of the applicable amount set forth in Exhibit C attached hereto and made part hereof. The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but at Mortgaee's option and in Mortgagee's discretion, may either be held in a separate account or be commingled by Mortgagee with the general funds of Mortgagee. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. The Repair and Remediation Reserve is solely for the protection of Mortgagee and entails no responsibility on Mortgagee's part beyond the payment of the costs and expenses described in this paragraph in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. In the event that the amounts on deposit or available in the Repair and Remediation Reserve are inadequate to pay the costs of the Deferred Maintenance, Mortgagor shall pay the amount of such deficiency. Upon assignment of this Mortgage by Mortgagee, any funds in the Repair and Remediation Reserve shall be turned over to the assignee and any responsibility of Mortgagee, as assignor, with respect thereto shall terminate. If there is a default under this Mortgage which is not cured within any applicable grace or cure period, Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Repair and Remediation Reserve against the indebtedness secured hereby in whatever order Mortgagee shall subjectively determine. No such application of the Repair and Remediation Reserve shall be deemed to cure any default hereunder. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s 's failure to do so in accordance with the terms and conditions of this Section 1.34Mortgage, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so. Upon the earlier to occur of full payment of the indebtedness secured hereby in accordance with its terms, the completion of the Deferred Maintenance to the satisfaction of the Mortgagee or at such earlier time as Mortgagee may elect, the balance of the Repair and Remediation Reserve then in Mortgagee's possession shall be paid over to Mortgagor and no other party shall have any right or claim thereto.

Repair and Remediation Reserve. Prior to the execution of this MortgageSecurity Deed, Mortgagee Grantee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Grantor has established with the Mortgagee Grantee a reserve in the amount of zero dollars ($0.00) 6,250.00 [125% OF THE ESTIMATED COST TO COMPLETE] (the “"Repair and Remediation Reserve”") by depositing such amount with MortgageeGrantee. Mortgagor Grantor shall cause each of the items described in the Exhibit C attached hereto and made a part hereof and as more particularly described in that certain Engineering Report entitled Physical Facility Inspection Report, dated April, 1999 and prepared by Comprehensive Building Analysis, Inc. (the “"Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee Grantee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months 90 days after the effective date hereof, as such time period may be extended by Mortgagee Grantee in its sole discretion. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Grantee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Mortgagee Grantee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Grantor the amount paid or incurred by Mortgagor Grantor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee Grantee of a written request from Mortgagor Grantor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Grantor in the form annexed hereto as Exhibit B that the applicable item of Deferred Maintenance has been pid for and completed in accordance with the terms of this MortgageSecurity Deed, (b) delivery to Mortgagee Grantee of paid invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Grantee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Grantee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee Grantee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Property is, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Grantee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Grantee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property, and (e) the receipt by Grantee of an administrative fee in the amount of $150.00. Mortgagee Grantee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee Grantee shall be entitled to rely on such request from Mortgagor Grantor without any inquiry into the accuracy, validity or contestability of any such amount. Grantor hereby grants to Grantee, as additional security for payment of the indebtedness secured hereby, a security interest in the Repair and Remediation Reserve. In no event may Grantor be entitled to reimbursement of any costs with respect to each item of Deferred Maintenance in excess of the applicable amount set forth in Exhibit C attached hereto and made part hereof. The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but at Grante's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee Grantee to MortgagorGrantor. Mortgagor The Repair and Remediation Reserve is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of the costs and expenses described in this paragraph in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. In the event that the amounts on deposit or available in the Repair and Remediation Reserve are inadequate to pay the costs of the Deferred Maintenance, Grantor shall pay the amount of such deficiency. Upon assignment of this Security Deed by Grantee, any funds in the Repair and Remediation Reserve shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If there is a default under this Security Deed which is not cured within any applicable grace or cure period, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Repair and Remediation Reserve against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Repair and Remediation Reserve shall be deemed to cure any default hereunder. Grantor hereby grants to Mortgagee Grantee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and Grantee upon Mortgagor’s Grantor's failure to do so in accordance with the terms and conditions of this Section 1.34Security Deed, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee Grantee may determine in its sole and absolute discretion but without obligation to do so. Upon the earlier to occur of full payment of the indebtedness secured hereby in accordance with its terms, the completion of the Deferred Maintenance to the satisfaction of the Grantee or at such earlier time as Grantee may elect, the balance of the Repair and Remediation Reserve then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 17,250.00 (the “Repair and Remediation Reserve”) by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the Engineering Report (the “Deferred Maintenance”) described in that certain engineering report (the “Engineering Report”) prepared for Mortgagee in connection with the making of the Loan to be completed, performed, remediated and corrected to the reasonable satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereofhereof (or such additional time as is necessary to complete the repairs so long as Mortgagor is diligently pursuing completion of same), subject to extension for force majeure, as such time period may be extended by Mortgagee in its sole but reasonable discretion. So long as no Event of Default has occurred and is continuingoccurred, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in a form as may be reasonably required by Mortgagee that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks receipts or other evidence reasonably satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Property is, as a result of such work, in compliance with all applicable laws, ordinances, rules and regulations relating to the Deferred Maintenance so performed and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so in accordance with the terms and conditions of this Section 1.345.3, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute good faith discretion but without obligation to do so.

Repair and Remediation Reserve. Prior to the execution of this Mortgage, Mortgagee has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor has established with the Mortgagee a reserve in the amount of zero dollars ($0.00) 26,275.00 (the “"Repair and Remediation Reserve”") by depositing such amount with Mortgagee. Mortgagor shall cause each of the items described in the that certain Engineering Report (the “"Engineering Report") entitled Property Condition Report, dated June 5, 1997 and prepared by Inspection and Valuation International (the "Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee in its sole discretion. So long as no Event of Default has occurred and is continuingoccurred, all sums in the Repair and Remediation Reserve shall be held by Mortgagee in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuingoccurred, Mortgagee shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor the amount paid or incurred by Mortgagor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee of a written request from Mortgagor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor in a form as may be required by Mortgagee that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this Mortgage, (b) delivery to Mortgagee of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Mortgaged Property is, as a result of such work, in compliance with all applicable laws, ordinances, rules and regulations relating to the Deferred Maintenance so performed, and (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property. Mortgagee shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety (90) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee shall be entitled to rely on such request from Mortgagor without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the Repair and Remediation Reserve shall be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s 's failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do so.

Repair and Remediation Reserve. Prior to the execution of this MortgageLoan Agreement, Mortgagee Lender has caused each Property in the Mortgaged Property Pool to be inspected and such inspection has revealed that certain Properties (each, a "Deferred Maintenance Property" and collectively, the Mortgaged Property is "Deferred Maintenance Properties") are in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Borrower has established with the Mortgagee Lender a reserve in the amount of zero dollars Seven Hundred Twenty-five Thousand Six Hundred and 00/100 Dollars ($0.00725,600.00) (the “"Repair and Remediation Reserve”") by depositing such amount with MortgageeLender. Mortgagor Borrower shall cause each of the items described in the Engineering Report Schedule 4 attached hereto and made a part hereof (the “"Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee Lender and as necessary to bring the Mortgaged Property Deferred Maintenance Properties into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six one hundred-eighty (6180) months days after the effective date hereofClosing Date, as such time period may be extended by Mortgagee Lender in its sole reasonable discretion. Lender shall have the right to inspect the work from time to time to insure that the work is being completed in a good and workmanlike manner. So long as no Default or Event of Default has occurred and is continuing, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Lender in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuing, Mortgagee Lender shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Borrower the amount paid or incurred by Mortgagor Borrower in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee Lender of a written request from Mortgagor Borrower for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Borrower in the form annexed hereto as Exhibit D that the applicable item of Deferred Maintenance has been fully completed and that all Deferred Maintenance work with respect to any Property for which funds are requested has been completed in accordance with the terms of this MortgageLoan Agreement, (b) delivery to Mortgagee Lender of invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Lender verifying the costs of the Deferred Maintenance to be reimbursed, (c) for disbursement requests for individual items costing in excess of $50,000.00if applicable, delivery to Mortgagee Lender of a certification any and all certifications from a third party inspecting architects, engineers or other consultants reasonably acceptable to Mortgagee Lender describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Deferred Maintenance Properties are, as a result of such work, in compliance with all applicable laws, ordinances rules and regulations relating to the Deferred Maintenance so performed, (d) for disbursement requests for individual items costing in excess of $50,000.00, delivery to Mortgagee Lender of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Lender showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property Deferred Maintenance Properties have been paid all amounts due for such labor and materials furnished to the Mortgaged PropertyDeferred Maintenance Properties, and (e) the receipt by Lender of an administrative fee for each disbursement request in an amount equal to all of Lender's out of pocket costs and expenses plus Lender's then customary charge for performing such service, but in no event less than $1,000.00. Mortgagee Lender shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day periodperiod and for an amount less than $10,000. In making any payment from the Repair and Remediation Reserve, Mortgagee Reserve Lender shall be entitled to rely on such the request from Mortgagor Borrower without any inquiry into the accuracy, validity or contestability of any such amount. No interest on the funds contained in the The Repair and Remediation Reserve shall not, unless otherwise explicitly required by applicable law, be paid by Mortgagee to Mortgagor. Mortgagor hereby grants to Mortgagee a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance or be deemed to be completedescrow or trust funds, performedbut, remediated at Lender's option and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and upon Mortgagor’s failure to do so Lender's discretion, may either be held in accordance a separate account or be commingled by Lender with the terms and conditions general funds of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the costs associated therewith, all as Mortgagee may determine in its sole and absolute discretion but without obligation to do soLender.

Repair and Remediation Reserve. Prior to the execution of this MortgageDeed of Trust, Mortgagee Beneficiary has caused the Mortgaged Property to be inspected and such inspection has revealed that the Mortgaged Property is in need of certain maintenance, repairs and/or remedial or corrective work. Contemporaneously with the execution hereof, Mortgagor Trustor has established with the Mortgagee Beneficiary a reserve in the amount of zero dollars ($0.00) 0.00 (the “"Repair and Remediation Reserve”") by depositing such amount with MortgageeBeneficiary. Mortgagor Trustor shall cause each of the items described in the that certain Engineering Report (the “"Engineering Report") entitled Property Condition Report, dated November 9, 2000 and prepared by IVI (the "Deferred Maintenance”") to be completed, performed, remediated and corrected to the satisfaction of Mortgagee Beneficiary and as necessary to bring the Mortgaged Property into compliance with all applicable laws, ordinances, rules and regulations on or before the expiration of six (6) months after the effective date hereof, as such time period may be extended by Mortgagee Beneficiary in its sole discretion. So long as no Event of Default has occurred and is continuingoccurred, all sums in the Repair and Remediation Reserve shall be held by Mortgagee Beneficiary in the Repair and Remediation Reserve to pay the costs and expenses of completing the Deferred Maintenance. So long as no Default or Event of Default has occurred and is continuingoccurred, Mortgagee Beneficiary shall, to the extent funds are available for such purpose in the Repair and Remediation Reserve, disburse to Mortgagor Trustor the amount paid or and incurred by Mortgagor Trustor in completing, performing, remediating or correcting the Deferred Maintenance or, if greater, the amount reserved for the applicable Deferred Maintenance item, upon (a) the receipt by Mortgagee Beneficiary of a written request from Mortgagor Trustor for disbursement from the Repair and Remediation Reserve and a certification by Mortgagor Trustor in the form annexed hereto as Exhibit B or any other form as may be required by Beneficiary that the applicable item of Deferred Maintenance has been completed in accordance with the terms of this MortgageDeed of Trust, (b) delivery to Mortgagee Beneficiary of paid invoices, receipts, cancelled checks receipts or other evidence satisfactory to Mortgagee Beneficiary verifying the costs of the Deferred Maintenance to be reimbursed, (c) if the aggregate cost of such Deferred Maintenance for disbursement requests for an individual items costing in excess of project is greater than $50,000.00, delivery to Mortgagee Beneficiary of a certification from a third party an inspecting architect, engineer or other consultant reasonably acceptable to Mortgagee Beneficiary (including a licensed independent general contractor having no connection to such Deferred Maintenance) describing the completed work, verifying the completion of the work and the value of the completed work and, if applicable, certifying that the Mortgaged Property is, as a result of such work, in compliance with all applicable laws, ordinances, rules and regulations relating to the Deferred Maintenance so performed, (d) if the aggregate cost of such Deferred Maintenance for disbursement requests for an individual items costing in excess of project is greater than $50,000.00, delivery to Mortgagee Beneficiary of affidavits, lien waivers, cancelled checks waivers or other evidence reasonably satisfactory to Mortgagee Beneficiary showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished materials or labor to the Mortgaged Property have been paid all amounts due for such labor and materials furnished to the Mortgaged Property, and (e) the receipt by Beneficiary of the out-of-pocket cost of inspections which Beneficiary or Beneficiary's loan servicer reasonably deems necessary in connection with such disbursements (which costs of inspection shall not exceed $2,000.00 each). Mortgagee Beneficiary shall not be required to make advances from the Repair and Remediation Reserve more frequently than twice once in any ninety thirty (9030) day period. In making any payment from the Repair and Remediation Reserve, Mortgagee Beneficiary shall be entitled to rely on such request from Mortgagor Trustor without any inquiry into the accuracy, validity or contestability of any such amount. No interest Interest on the funds contained in the Repair and Remediation Reserve shall be credited and paid by Mortgagee to MortgagorTrustor as provided in Section 4.31 hereof. Mortgagor Trustor hereby grants to Mortgagee Beneficiary a power-of-attorney, coupled with an interest, to cause the Deferred Maintenance to be completed, performed, remediated and corrected to the satisfaction of Mortgagee following the expiration of the six-month period referred to in this subparagraph and Beneficiary upon Mortgagor’s Trustor's failure to do so in accordance with the terms and conditions of this Section 1.34, and to apply the amounts on deposit in the Repair and Remediation Reserve to the Trustor shall reimburse Beneficiary for all costs associated therewith, all as Mortgagee Beneficiary may determine in its sole and absolute discretion but without obligation to do so.