Common use of Taxes and Insurance Clause in Contracts

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no monetary Event of Default or material non-monetary Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s 's' right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbill, statement or estimate procured from the appropriate public office offixx (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessmentassessmexx, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. The foregoing obligations to fund and maintain the Tax and Insurance Subaccount shall be conditionally waived for so long as (A) Borrower timely pays such charges prior to delinquency and Lender receives satisfactory evidence of such payment prior to delinquency and (B) no Event of Default shall have occurred hereunder. Upon the failure of any of the foregoing conditions, Lender may demand full compliance with the provisions of this Section 3.3(a) for the remaining term of the Loan.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. The foregoing obligations to fund and maintain the Tax and Insurance Subaccount shall be conditionally waived for so long as (A) Borrower timely pays such charges prior to delinquency and Lender receives satisfactory evidence of such payment prior to delinquency and (B) no Event of Default shall have occurred hereunder. Upon the failure of any of the foregoing conditions, Lender may demand full compliance with the provisions of this Section 3.3 (a) for the remaining term of the Loan.

Taxes and Insurance. Borrower shall pay to Lender (i) $51 ,013.99 on the date hereof on account of Taxes, (ii) $12,561.62 on the date hereof on account of Insurance Premiums, and (iii) on each Payment Date Date, (ix) one-twelfth (1/12thl/ 12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (iiy) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. (a) Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender reasonably estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower (a) Borrowers shall pay to Lender (i) $349,316.52 on the date hereof on account of Real Estate Taxes, (ii) $8,215 on the date hereof on account of Insurance Premiums, and (iii) on each Payment Date Date, (ix) one-twelfth (1/12th1/12) of the Real Estate Taxes that Lender reasonably estimates will be payable during the next twelve (12) months (initially $69,863.30 per month) in order to accumulate with Lender sufficient funds to pay all such Real Estate Taxes at least thirty (30) days prior to their respective due dates and (iiy) one-twelfth (1/12th1/12) of the Insurance Premiums that Lender estimates will be payable (initially $705.12 per month) for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Real Property Taxes and Insurance Premiums required to be made by Borrower Borrowers pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has Borrowers have promptly supplied Lender with notices of all Real Estate Taxes and Insurance Premiums due, or (b) reimburse Borrower Borrowers for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s Borrowers’ right to contest Real Estate Taxes in accordance with Section 5.2 hereof. In making any payment relating to Real Estate Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Real Estate Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Real Estate Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower Borrowers to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower Borrowers shall pay to Lender on each Payment Date occurring during the continuance of a Cash Management Period, (ix) one-twelfth (1/12th1/12) of the Taxes that Lender reasonably estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (iiy) one-twelfth (1/12th1/12) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies ((x) and (y) are herein referred to as the “Tax and Insurance Monthly Deposits”). In addition to the monthly deposits described above, on the first Payment Date in which Borrowers are required to pay to Lender the Tax and Insurance Monthly Deposit, Borrowers shall deposit with Lender an amount which Lender reasonably determines is sufficient, when added with the anticipated Tax and Insurance Monthly Deposits, to accumulate sufficient funds to pay the Taxes at least thirty (30) days prior to their respective due dates and the Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by either Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has Borrowers have promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower Borrowers for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right Borrowers’ rights to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower Borrowers to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower (a) Borrowers shall pay to Lender (i) $832,502,31 on the date hereof on account of Real Estate Taxes, (ii) $203,509.14 on the date hereof on account of Insurance Premiums, and (iii) on each Payment Date Date, (ix) one-twelfth (1/12th1/12) of the Real Estate Taxes that Lender reasonably estimates will be payable during the next twelve (12) months (initially $355,956.20 per month) in order to accumulate with Lender sufficient funds to pay all such Real Estate Taxes at least thirty (30) days prior to their respective due dates and (iiy) one-twelfth (1/12th1/12) of the Insurance Premiums that Lender estimates will be payable (initially $43,760.84 per month) for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Real Property Taxes and Insurance Premiums required to be made by Borrower Borrowers pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has Borrowers have promptly supplied Lender with notices of all Real Estate Taxes and Insurance Premiums due, or (b) reimburse Borrower Borrowers for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s Borrowers’ right to contest Real Estate Taxes in accordance with Section 5.2 hereof. In making any payment relating to Real Estate Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Real Estate Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Real Estate Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower Borrowers to the Tax and Insurance Subaccount.

Taxes and Insurance. (a) Subject to clause (b) of this Section 3.4, Borrower shall pay (or shall cause Operator to pay) to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender reasonably estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) calendar days prior to their respective due dates dates; and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender reasonably estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) calendar days prior to the expiration of the Policies. Such amounts will be deposited into a separate account with Lender or transferred by Lender to a Subaccount (in either event, the “Tax and Insurance SubaccountAccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount Account to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof Sections 2.2(g) and Section 7.1 hereof7.5, provided that Borrower has shall have promptly supplied Lender with notices of all Taxes and Insurance Premiums due, ; or (b) reimburse Borrower for such amounts upon presentation of evidence of paymentpayment by Borrower or Operator; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof2.2(g). In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount Account will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance SubaccountAccount.

Taxes and Insurance. Upon a Transfer or assumption of the Loan contemplated by Section 5.15 below (including without limitation, any assumption of the Loan contemplated by that certain Contribution Agreement dated December 30, 2021, by and between Contributor and SPE Owner’s Member, as amended by (i) that certain First Amendment to Contribution Agreement dated as of February 23, 2022, (ii) that certain Second Amendment to Contribution Agreement dated as of Xxxxx 0, 0000, (xxx) that certain Third Amendment to Contribution Agreement dated as of March 15, 2022, and (iv) that certain Fourth Amendment to Contribution Agreement dated as of March 22, 2022 [as amended, the ​ ​ ​ “Contribution Agreement”]) or upon the Contribution Agreement being terminated by either party thereto, Borrower shall will pay to Lender $0.00 (the “Tax and Insurance Escrow Initial Deposit”). Additionally, Borrower will pay to Lender on each Payment Date (ia) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due delinquency dates and (iib) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount Policies (the “Tax and Insurance SubaccountEscrow Monthly Deposit”). Lender will (a) apply funds in , which, together with the Tax and Insurance Subaccount Escrow Initial Deposit, are hereinafter called the “Tax and Insurance Escrow Funds”). If no Event of Default has occurred and is continuing then Lender will (x) apply the Tax and Insurance Escrow Funds to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the current balance of Tax and Insurance Subaccount Escrow Funds will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums not otherwise relating to Policies maintained through Manager’s (or its Affiliates’) insurance programs next coming due, Lender may increase (or decrease) the monthly contribution amount of the Tax and Insurance Escrow Monthly Deposit required to be made by Borrower. If Borrower fails to fund the Tax and Insurance SubaccountEscrow Initial Deposit when and as contemplated herein, Lender may advance the sums necessary to do so (without waiving the obligation of Borrower to do so, or the Event of Default arising from its failure to do so) and add such amount to the amount of the Loan.

Taxes and Insurance. Borrower shall pay to Lender (i) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date, the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the “Tax and Insurance Impound Fund”). Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Fund to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 and 7.1 hereof and Section 7.1 hereofand/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes the Tax and Insurance PremiumsImpound Fund, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in amount of the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) Impound Fund shall exceed the amounts due for Taxes or and Insurance Premiums next coming duepursuant to Sections 5.2 and 7.1 hereof, Lender may increase (shall, in its sole discretion, return any excess to Borrower or decrease) the monthly contribution required credit such excess against future payments to be made by Borrower to the Tax and Insurance Subaccount.Impound Fund. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Property. If at any time Lender determines that the Tax and Insurance Impound Fund is not or will not be sufficient to pay the items set forth in (i) and (ii) above, Lender shall notify Borrower of such determination and Borrower shall increase its monthly payments to Lender by the amount that Lender estimates is sufficient to make up the deficiency at least thirty (30) days prior to delinquency of the Taxes

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all Page such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.. 21

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-–twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-–twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) timely apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. (i) Borrower shall pay to Lender on each Payment Date (i1) one-twelfth (1/12th) onetwelfth of the yearly Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii2) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that Lender estimates will be payable for the renewal of a separate "stand-alone" policy providing the coverage afforded by the Policies insurance policies required under this Instrument upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofthis Instrument, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts payments of (x) Taxes and (y) insurance premiums paid in connection with the purchase of a separate "stand-alone" policy providing the coverage afforded by the insurance policies required under this Instrument upon the expiration thereof, in each case, due upon presentation of evidence acceptable to Lender of paymentsuch payment by Borrower; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereofthis Instrument. In making any payment or reimbursement relating to Taxes and Insurance Premiumsinsurance premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxestaxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Notwithstanding the foregoing, so long as any Acceptable Blanket Policy is in effect with respect to any of the policies required pursuant to Section 5 above, payments required under the foregoing clause (2) shall be suspended to the extent that insurance premiums relate to such Acceptable Blanket Policy(ies).

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Amounts applied by Lender from Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period, if any, into the Tax and Insurance Subaccount in accordance with Section 3.11 below, shall be credited towards Borrower’s obligation, to make payments into the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. The foregoing obligations to fund and maintain the Tax and Insurance Subaccount shall be conditionally waived for so long as (A) Borrower timely pays such charges prior to delinquency and Lender receives satisfactory evidence of such payment prior to delinquency, (B) no Event of Default shall have occurred hereunder, and (C) no Approved Mezzanine Loan is outstanding at any time from and after the first day of the 13th full calendar month after the date hereof. Upon the failure of any of the foregoing conditions, Lender may demand full compliance with the provisions of this Section 3.3 (a) for the remaining term of the Loan, or (b) in the event such obligations are effective due to the failure of condition (C) above, until the applicable Approved Mezzanine Loan is fully satisfied.

Taxes and Insurance. Borrower shall pay to Lender on On each Payment Date a portion of the Rents that have been deposited into the OT Deposit Account during the immediately preceding Interest Period in an amount equal to (i) one-twelfth (1/12th) of the Taxes that Lender estimates (based on information provided by Borrower or Operating Tenant and the taxing authority) will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due the delinquency dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates (based on information provided by Borrower) will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will , shall be transferred by Lender to a Subaccount of the OT Deposit Account (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower or Operating Tenant has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower or Operating Tenant for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s or Operating Tenant’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower and Operating Tenant to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12thl/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly timely supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender reasonably determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance SubaccountSubaccount to the extent required so there will be sufficient funds.

Taxes and Insurance. Borrower shall pay to Lender (i) (A) on the date hereof, an amount equal to $579,378 and (B) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (A) on the date hereof, an amount equal to $107,736 (the "Initial Blanket Insurance Premium Installment") and (B) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date, the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the "Tax and Insurance Impound Fund"). Such amounts will be transferred by Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Fund to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 and 7.1 hereof and Section 7.1 hereofand/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes the Tax and Insurance PremiumsImpound Fund, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in amount of the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.and

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by deposited into a separate account with Lender to a Subaccount (the “Tax and Insurance SubaccountAccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount Account to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount Account will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance SubaccountAccount. Notwithstanding the foregoing, in the event any Major Lease obligates a Major Tenant to pay Taxes and Insurance Premiums directly, Borrower shall have no obligation to make any payments to the Tax and Insurance Account; provided, however, that Borrower shall be required to deliver to Lender written evidence of timely payment of all Taxes and all Insurance Premiums.

Taxes and Insurance. Borrower 3.3.1 . Borrowers shall pay to Lender (i) (A) on the date hereof, an amount equal to $496,220 and (B) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (A) on the date hereof, an amount equal to $139,078.00 (the "Initial Blanket Insurance Premium Installment") and (B) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date, the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the "Tax and Insurance Impound Fund"). Such amounts will be transferred by Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Fund to payments of Taxes and Insurance Premiums required to be made by Borrower Borrowers pursuant to Section Sections 5.2 and 7.1 hereof and Section 7.1 hereofand/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes the Tax and Insurance PremiumsImpound Fund, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If the amount of the Tax and Insurance Impound Fund shall exceed the amounts due for Taxes and Insurance Premiums pursuant to Sections 5.2 and 7.1 hereof, Lender shall, in its sole discretion, return any excess to Borrowers or credit such excess against future payments to be made to the Tax and Insurance Impound Fund. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Property. If at any time Lender determines in its reasonable judgment that the funds Tax and Insurance Impound Fund is not or will not be sufficient to pay the items set forth in (i) and (ii) above, Lender shall notify Borrowers of such determination and Borrowers shall increase their monthly payments to Lender by the amount that Lender estimates is sufficient to make up the deficiency at least thirty (30) days prior to delinquency of the Taxes and/or expiration of the Policies, as the case may be. All earnings of interest on the Tax and Insurance Impound Fund shall become part of the Tax and Insurance Impound Fund and shall be disbursed in accordance with this Section 3.3. If Lender so elects at any time, Borrowers shall provide, at Borrowers’ expense, a tax service contract for the Term issued by a tax reporting agency acceptable to Lender. If Lender does not so elect, Borrowers shall reimburse Lender for the cost of making annual tax searches throughout the Term. Notwithstanding anything to the contrary contained in this Section 3.3, with respect to the Initial Blanket Insurance Premium Deposit, and the required monthly payments required under clause (ii) above through the end of the current policy year, the parties agree as follows: For the period from the date hereof through August 1, 2005, the Property will be covered by a blanket insurance policy as described in Section 7.1.4, but instead of participating in the Blanket Insurance Premium Financing Arrangement, Borrowers will pay their allocable share of the Insurance Premiums in a single installment, due approximately 30 days after the date hereof. Borrowers’ allocable share of the annual Insurance Premiums for the blanket policy for the period from the date hereof through August 1, 2005 is the Initial Blanket Insurance Premium Deposit. Borrowers have deposited the Initial Blanket Insurance Premium Deposit in the Tax and Insurance Subaccount Impound Fund on the date hereof (as set forth in clause (ii)(A) in the immediately preceding paragraph); Borrowers will be insufficient to pay notify Lender in writing at least ten (or 10) days in excess of) advance of the Taxes or date when such Insurance Premiums next coming Premium is due, whereupon Lender may increase (or decrease) will apply such amount to the monthly contribution required payment of Borrowers’ allocable share of the blanket policy Insurance Premium. On the Payment Dates in May, June and July of 2005, Borrowers will pay to be made by Borrower to Lender for deposit in the Tax and Insurance SubaccountImpound Fund the sum of $22,877.68 per month. On each Payment Date commencing with the Payment Date occurring in August, 2005, Borrowers shall make payments into the Tax and Insurance Impound Fund as set forth in the preceding paragraph.

Taxes and Insurance. (i) Borrower shall pay to Lender on each Payment Date (i1) one-twelfth (1/12th) of the yearly Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii2) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that Lender estimates will be payable for the renewal of a separate "stand-alone" policy providing the coverage afforded by the Policies insurance policies required under this Instrument upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies. Such amounts will be transferred by Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofthis Instrument, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts payments of (x) Taxes and (y) insurance premiums paid in connection with the purchase of a separate "stand-alone" policy providing the coverage afforded by the insurance policies required under this Instrument upon the expiration thereof, in each case, due upon presentation of evidence acceptable to Lender of paymentsuch payment by Borrower; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereofthis Instrument. In making any payment or reimbursement relating to Taxes and Insurance Premiumsinsurance premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxestaxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. (i) Borrower shall pay to Lender on each Payment Date (i1) one-twelfth (1/12th) of the yearly Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii2) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that Lender estimates will be payable for the renewal of a separate "stand-alone" policy providing the coverage afforded by the Policies insurance policies required under this Instrument upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofthis Instrument, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts payments of (x) Taxes and (y) insurance premiums paid in connection with the purchase of a separate "stand-alone" policy providing the coverage afforded by the insurance policies required under this Instrument upon the expiration thereof, in each case, due upon presentation of evidence acceptable to Lender of paymentsuch payment by Borrower; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereofthis Instrument. In making any payment or reimbursement relating to Taxes and Insurance Premiumsinsurance premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxestaxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender (i) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date, the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the “Tax and Insurance Impound Funds”). Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Funds to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofhereof and/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes the Tax and Insurance PremiumsImpound Funds, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in amount of the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) Impound Funds shall exceed the amounts due for Taxes or and Insurance Premiums next coming duepursuant to Section 5.2 hereof and Section 7.1 hereof, Lender may increase (shall, in its sole discretion, return any excess to Borrower or decrease) the monthly contribution required credit such excess against future payments to be made by Borrower to the Tax and Insurance SubaccountImpound Funds. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Property. If at any time Lender determines that the Tax and Insurance Impound Funds is not or will not be sufficient to pay the items set forth in (i) and (ii) above, Lender shall notify Borrower of such determination and Borrower shall increase its monthly payments to Lender by the amount that Lender estimates is sufficient to make up the deficiency at least thirty (30) days prior to delinquency of the Taxes and/or expiration of the Policies, as the case may be. All earnings of interest on the Tax and Insurance Impound Funds shall become part of the Tax and Insurance Impound Funds and shall be disbursed in accordance with this Section 3.3. If Lender so elects at any time, Borrower shall provide, at Borrower’s expense, a tax service contract for the Term issued by a tax reporting agency acceptable to Lender. If Lender does not so elect, Borrower shall reimburse Lender for the cost of making annual tax searches throughout the Term.

Taxes and Insurance. (i) Borrower shall pay to Lender on each Payment Date (i1) one-twelfth (1/12th) onetwelfth of the yearly Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and and" (ii2) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that Lender estimates will be payable for the renewal of a separate "stand-alone" policy providing the coverage afforded by the Policies insurance policies required under this Instrument upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofthis Instrument, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts payments of (x) Taxes and (y) insurance premiums paid in connection with the purchase of a separate "stand-alone" policy providing the coverage afforded by the insurance policies required under this Instrument upon the expiration thereof, in each case, due upon presentation of evidence acceptable to Lender of paymentsuch payment by Borrower; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereofthis Instrument. In making any payment or reimbursement relating to Taxes and Insurance Premiumsinsurance premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxestaxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Notwithstanding the foregoing, so long as any Acceptable Blanket Policy is in effect with respect to any of the policies required pursuant to Section 5 above, payments required under the foregoing clause (2) shall be suspended to the extent that insurance premiums relate to such Acceptable Blardcet Policy(ies).

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no monetary Event of Default or material non-monetary Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s 's' right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, so long as no Event of Default under this Agreement or any other Loan Document has occurred, Borrower shall not be required to make monthly payments of Taxes or Insurance Premiums to Lender as provided in this Section 3.3, provided Borrower shall pay, or shall cause the tenant of any Property to pay, all Taxes in accordance with Section 5.2 below and all Insurance Premiums in accordance with Section 7.1 below, and shall deliver to Lender written evidence reasonably satisfactory to Lender of the full payment of such Taxes and Insurance Premiums within the time periods and otherwise as provided in Sections 5.2 and 7.1. The failure of Borrower to deliver to Lender such written evidence of payment shall at the option of Lender be an Event of Default hereunder.

Taxes and Insurance. Borrower shall pay to Lender (i) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date, the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the “Tax and Insurance Impound Funds”). Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Funds to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereofhereof and/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes the Tax and Insurance PremiumsImpound Funds, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in amount of the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.Impound Funds shall exceed the

Taxes and Insurance. On the date hereof, Borrower shall pay to Lender $3,634,620.26 for the payment of Taxes for each Individual Property in accordance with the terms of this Section 3.3 (the “Initial Tax Deposit”) and $163,637.78 for the payment of Insurance Premiums for each Individual Property in accordance with the terms of this Section 3.3 (the “Initial Insurance Premium Deposit”) and Lender will transfer the Initial Tax Deposit and the Initial Insurance Premium Deposit into a Subaccount (the “Tax and Insurance Subaccount”). Commencing on the first Payment Date after the date hereof, and on each Payment Date thereafter, Borrower shall pay to Lender (i) one-–twelfth (1/12th) of the Taxes for each Individual Property that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-–twelfth (1/12th) of the Insurance Premiums related to the Policies for each Individual Property that Lender estimates will be payable for the renewal of the coverage afforded by the such Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the such Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made with respect to the applicable Individual Property by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) if requested by Borrower or Operating Lessee, reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming duedue for the applicable Individual Property, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Notwithstanding anything to the contrary contained in this Section 3.3, Borrower shall have no obligation to deposit monies into the Tax and Insurance Subaccount for the payment of Insurance Premiums so long as each Individual Property is covered by a blanket insurance policy that satisfies the insurance requirements set forth in Section 7.1 hereof. In the event that any Individual Property shall no longer be covered by such blanket insurance policy, Lender may, in its sole discretion, apply the Initial Insurance Premium Deposit (or portion thereof) from the Tax and Insurance Subaccount to force place insurance for such Individual Property (and pay the Insurance Premiums with respect thereto) and Borrower’s obligation to deposit monies into the Tax and Insurance Subaccount for the payment of Insurance Premiums with respect to such Individual Property shall immediately resume. 37 FF&E Reserve . Commencing on the first Payment Date after the date hereof, and on each Payment Date thereafter, Borrower shall pay to Lender for transfer into a Subaccount (the “FF&E Reserve Subaccount”) an amount equal to the greater of (x) four percent (4%) of the Property’s gross rooms revenue for the calendar month which is one (1) calendar month prior to the calendar month in which the applicable Payment Date occurs and (y) the amount (when calculated on a monthly basis) required to be reserved for Replacements under the Franchise Agreement. Provided that no Default or Event of Default has occurred and is continuing, Lender shall disburse funds held in the FF&E Reserve Subaccount to Borrower, within fifteen (15) Business Days after the delivery by Borrower to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided that (i) such disbursement is for a Replacement; (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrower's expense) performance of the work associated with such Replacement; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (v) that such funds will be used to pay or reimburse Borrower for Replacements and a description thereof, (w) that all outstanding trade payables (other than those to be paid from the requested disbursement or those constituting Permitted Indebtedness and Permitted Encumbrances) have been paid in full, (x) that the same has not been the subject of a previous disbursement, (y) that all previous disbursements have been used to pay the previously identified Replacements and (z) that any construction work associated with such Replacements has been completed in a good and workmanlike manner and in accordance with all applicable Legal Requirements, (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor, (C) copies of appropriate Lien waivers or other evidence of payment satisfactory to Lender in connection with any construction work associated with such Replacements (other than with respect to Permitted Encumbrances) and (D) at Lender’s option, for disbursements in excess of $50,000 with respect to the Individual Property associated with such Replacement, a title search for such Individual Property indicating that it is free from all Liens not previously approved by Lender. Any such disbursement of more than $10,000 to pay (rather than reimburse) Replacements may, at Lender's option, be made by joint check payable to Borrower and the payee on such Replacements.

Taxes and Insurance. On the date hereof, Borrower shall pay deposit with Lender the following sums: (i) Ninety-Three Thousand Three Hundred Thirty-Two and No/100 Dollars ($93,332.00) with respect to Impositions, and (ii) Forty-Nine Thousand Five Hundred and No/100 Dollars ($49,500.00) with respect to insurance premiums. Such sums shall be held by Lender in the Tax and Insurance Reserve Account. Beginning on the first Payment Date and on each Payment Date (i) thereafter, Borrower shall deliver to Lender the amount reasonably estimated by Lender to be one-twelfth (1/12th) of the Taxes annual amount of (A) Impositions, which amount shall initially be Fifty-One Thousand Six Hundred Sixty-Seven and No/100 Dollars ($51,667.00), and (B) insurance premiums for policies required pursuant to this Agreement, which amount shall initially be Six Thousand Three Hundred Seventy-Five and No/100 Dollars ($6,375.00) (provided, that Lender estimates will be payable during may re-calculate the next twelve (12) months foregoing monthly amounts from time to time to assure that funds are reserved in order sufficient amounts to accumulate with Lender sufficient funds to pay all such Taxes at least enable the payment of Impositions and insurance premiums thirty (30) days prior to their respective due dates dates) (collectively, the “Tax and (ii) Insurance Monthly Installment”). If such amounts for the then current Fiscal Year or payment period are not ascertainable by Lender at the time a monthly deposit is required to be made, the Tax and Insurance Monthly Installment shall be Lender’s reasonable estimate based on one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable aggregate Impositions and insurance premiums for the renewal of prior Fiscal Year or payment period, with adjustments reasonably determined by Lender. As soon as Impositions and insurance premiums are fixed for the coverage afforded by then current Fiscal Year or period, the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “next ensuing Tax and Insurance Subaccount”)Monthly Installment shall be adjusted to reflect any deficiency or surplus in prior Tax and Insurance Monthly Installments. Lender will (a) apply shall make payments of Impositions and insurance premiums out of the Tax and Insurance Reserve Account before the same shall be delinquent to the extent that there are funds available in the Tax and Insurance Subaccount Reserve Account and Lender has received appropriate documentation to payments of Taxes establish the amount(s) due and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof the due date(s) as and Section 7.1 hereof, when provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccountabove.

Taxes and Insurance. The Borrower shall pay to the Lender on each Interest Payment Date (i) one-twelfth (1/12th) of the Taxes that the Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that the Lender estimates will be payable for the renewal of the coverage afforded by the Policies insurance policies for the Collateral Properties upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies; provided, however, that the payments required under this clause (ii) shall not commence unless the insurance premiums shall become due within the next succeeding 12 month period. Such amounts will be transferred by the Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums insurance premiums required to be made by the Borrower pursuant to Section 5.2 hereof Sections 3 and Section 7.1 hereof4 of the Mortgages, provided that the Borrower has promptly supplied the Lender with notices of all Taxes and Insurance Premiums insurance premiums due, or (b) reimburse the Borrower for such amounts upon presentation of evidence of paymentpayment and a certificate from a senior financial officer of the Borrower in form and substance satisfactory to the Lender; subject, however, subject however to the Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereof4(b) of the Mortgages. In making any payment relating to Taxes and Insurance Premiumsinsurance premiums, the Lender may do so according to any xxxxbill, statement or estimate procured from the appropriate apprxxxxate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If the Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, the Lender may increase (or decrease) the monthly contribution required to be made by the Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-–twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-–twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior 88 Xxxxxxxx - Stamford to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. On the date hereof, Borrower shall pay to Lender $3,634,620.26 for the payment of Taxes for each Individual Property in accordance with the terms of this Section 3.3 (the “Initial Tax Deposit”) and $163,637.78 for the payment of Insurance Premiums for each Individual Property in accordance with the terms of this Section 3.3 (the “Initial Insurance Premium Deposit”) and Lender will transfer the Initial Tax Deposit and the Initial Insurance Premium Deposit into a Subaccount (the “Tax and Insurance Subaccount”). Commencing on the first Payment Date after the date hereof, and on each Payment Date thereafter, Borrower shall pay to Lender (i) one-–twelfth (1/12th) of the Taxes for each Individual Property that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-–twelfth (1/12th) of the Insurance Premiums related to the Policies for each Individual Property that Lender estimates will be payable for the renewal of the coverage afforded by the such Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the such Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made with respect to the applicable Individual Property by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) if requested by Borrower or Operating Lessee, reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming duedue for the applicable Individual Property, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount. Notwithstanding anything to the contrary contained in this Section 3.3, Borrower shall have no obligation to deposit monies into the Tax and Insurance Subaccount for the payment of Insurance Premiums so long as each Individual Property is covered by a blanket insurance policy that satisfies the insurance requirements set forth in Section 7.1 hereof. In the event that any Individual Property shall no longer be covered by such blanket insurance policy, Lender may, in its sole discretion, apply the Initial Insurance Premium Deposit (or portion thereof) from the Tax and Insurance Subaccount to force place insurance for such Individual Property (and pay the Insurance Premiums with respect thereto) and Borrower’s obligation to deposit monies into the Tax and Insurance Subaccount for the payment of Insurance Premiums with respect to such Individual Property shall immediately resume. FF&E Reserve . Commencing on the first Payment Date after the date hereof, and on each Payment Date thereafter, Borrower shall pay to Lender for transfer into a Subaccount (the “FF&E Reserve Subaccount”) an amount equal to the greater of (x) four percent (4%) of the Property’s gross rooms revenue for the calendar month which is one (1) calendar month prior to the calendar month in which the applicable Payment Date occurs and (y) the amount (when calculated on a monthly basis) required to be reserved for Replacements under the Franchise Agreement. Provided that no Default or Event of Default has occurred and is continuing, Lender shall disburse funds held in the FF&E Reserve Subaccount to Borrower, within fifteen (15) Business Days after the delivery by Borrower to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided that (i) such disbursement is for a Replacement; (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrower's expense) performance of the work associated with such Replacement; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (v) that such funds will be used to pay or reimburse Borrower for Replacements and a description thereof, (w) that all outstanding trade payables (other than those to be paid from the requested disbursement or those constituting Permitted Indebtedness and Permitted Encumbrances) have been paid in full, (x) that the same has not been the subject of a previous disbursement, (y) that all previous disbursements have been used to pay the previously identified Replacements and (z) that any construction work associated with such Replacements has been completed in a good and workmanlike manner and in accordance with all applicable Legal Requirements, (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor, (C) copies of appropriate Lien waivers or other evidence of payment satisfactory to Lender in connection with any construction work associated with such Replacements (other than with respect to Permitted Encumbrances) and (D) at Lender’s option, for disbursements in excess of $50,000 with respect to the Individual Property associated with such Replacement, a title search for such Individual Property indicating that it is free from all Liens not previously approved by Lender. Any such disbursement of more than $10,000 to pay (rather than reimburse) Replacements may, at Lender's option, be made by joint check payable to Borrower and the payee on such Replacements.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no monetary Event of Default or material non-monetary Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section SECTION 5.2 hereof and Section SECTION 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section SECTION 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbill, statement or estimate procured from the appropriate public office offxxx (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessmentassessmxxx, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of paymentpayment and an Officer’s Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Each Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes for such Borrower's Properties that Lender reasonably estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount in the applicable Deposit Account (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower Borrowers pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has Borrowers have promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower Borrowers for such amounts upon presentation of evidence of paymentpayment and an Officer's Certificate in form and substance satisfactory to Lender; subject, however, to Borrower’s Borrowers' right to contest Taxes in accordance with Section 5.2 hereof5.2. In hi making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbill, statement xxatement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbill, statement xxatement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. thereof If Lender determines in its reasonable judgment that the funds in the applicable Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower Borrowers to their respective Tax and Insurance Subaccounts. Lender acknowledges and agrees that the Tax and Insurance Subaccounts are the "Tax and Insurance Account" referred to in each of the Impac H Loan Agreement and the Impac III Loan Agreement and, to the extent that a separate Subaccount is established for the purposes of this Section 3.2, all funds in the "Tax and Insurance Account" referred to in each of the Impac H Loan Agreement and the Impac III Loan Agreement shall be transferred into the applicable new Subaccount.

Taxes and Insurance. The Borrower shall pay to the Lender on each Interest Payment Date (i) one-twelfth (1/12th) of the Taxes that the Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums insurance premiums that the Lender estimates will be payable for the renewal of the coverage afforded by the Policies insurance policies for the Collateral Properties upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums insurance premiums at least thirty (30) 30 days prior to the expiration of the Policiesinsurance policies; provided, however, that the payments required under this clause (ii) shall not commence unless the insurance premiums shall become due within the next succeeding 12 month period. Such amounts will be transferred by the Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums insurance premiums required to be made by <PAGE> the Borrower pursuant to Section 5.2 hereof Sections 3 and Section 7.1 hereof4 of the Mortgages, provided that the Borrower has promptly supplied the Lender with notices of all Taxes and Insurance Premiums insurance premiums due, or (b) reimburse the Borrower for such amounts upon presentation of evidence of paymentpayment and a certificate from a senior financial officer of the Borrower in form and substance satisfactory to the Lender; subject, however, subject however to the Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereof4(b) of the Mortgages. In making any payment relating to Taxes and Insurance Premiumsinsurance premiums, the Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiumsinsurance premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If the Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums insurance premiums next coming due, the Lender may increase (or decrease) the monthly contribution required to be made by the Borrower to the Tax and Insurance Subaccount.. 11.03

Taxes and Insurance. Borrower shall pay to Lender (i) (A) on the date hereof, an amount equal to $204,648.00 and (B) on each Payment Date (i) Date, one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates Delinquency Date, and (ii) (A) on the date hereof, an amount equal to $68,156.68 and (B) (1) for so long as the applicable Blanket Insurance Premium Financing Arrangement remains in full force and effect, on each Payment Date (as defined in the Note), the Financing Installment for the next occurring payment under the applicable Blanket Insurance Premium Financing Arrangement and/or (2) with respect to any Insurance Premiums not covered by a Blanket Insurance Premium Financing Arrangement, on each Payment Date, one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the PoliciesPolicies (said amounts in (i) and (ii) above hereinafter called the "TAX AND INSURANCE IMPOUND FUND"). Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”"TAX AND INSURANCE SUBACCOUNT"). Lender will (a) apply funds in the Tax and Insurance Subaccount Impound Fund to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 and 7.1 hereof and Section 7.1 hereofand/or to payments due to the applicable finance company under the applicable Blanket Insurance Premium Financing Arrangement, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereofas applicable. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.to

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender reasonably estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Upon a Transfer or assumption of the Loan contemplated by Section 5.15 below (including without limitation, any assumption of the Loan contemplated by that certain Contribution Agreement dated February 1, 2022, by and between Contributor and SPE Owner’s Member, as amended by (i) that certain First Amendment to Contribution Agreement dated as of Xxxxx 00, 0000, (xx) that certain Second Amendment to Contribution Agreement dated as of April 29, 2022, and (iii) that certain Third Amendment to Contribution Agreement dated as of May 10, 2022, the interest of SPE Owner’s Member having been assigned to SPE Owner and TRS Lessee by that certain Assignment of Contribution Agreement dated as of February 1, 2022 [as amended and assigned, the “Contribution Agreement”]) or upon the Contribution Agreement being terminated by either party thereto, Borrower shall will pay to Lender $N/A (the “Tax and Insurance Escrow Initial Deposit”). Additionally, Borrower will pay to Lender on each Payment Date (ia) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due delinquency dates and (iib) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount Policies (the “Tax and Insurance SubaccountEscrow Monthly Deposit”). Lender will (a) apply funds in , which, together with the Tax and Insurance Subaccount Escrow Initial Deposit, are hereinafter called the “Tax and Insurance Escrow Funds”). If no Event of Default has occurred and is continuing then Lender will (x) apply the Tax and Insurance Escrow Funds to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the current balance of Tax and Insurance Subaccount Escrow Funds will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums not otherwise relating to Policies maintained through Manager’s (or its Affiliates’) insurance programs next coming due, Lender may increase (or decrease) the monthly contribution amount of the Tax and Insurance Escrow Monthly Deposit required to be made by Borrower. If Borrower fails to fund the Tax and Insurance SubaccountEscrow Initial Deposit when and as contemplated herein, Lender may advance the sums necessary to do so (without waiving the obligation of Borrower to do so, or the Event of Default arising from its failure to do so) and add such amount to the amount of the Loan.

Taxes and Insurance. (a) Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “"Tax and Insurance Subaccount”"). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section 5.2 hereof and Section 7.1 hereof, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s 's right to contest Taxes in accordance with Section 5.2 hereof. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxxbill, statement or estimate procured from procurxx xrom the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxxbill, statement or estimate or into the intx xxe validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.

Taxes and Insurance. Borrower shall pay to Lender on each Payment Date (i) one-twelfth (1/12th) of the Taxes that Lender estimates will be payable during the next twelve (12) 12 months in order to accumulate with Lender sufficient funds to pay all such Taxes at least thirty (30) 30 days prior to their respective due dates and (ii) one-twelfth (1/12th) of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such Insurance Premiums at least thirty (30) 30 days prior to the expiration of the Policies. Such amounts will be transferred by Lender to a Subaccount (the “Tax and Insurance Subaccount”). Provided that no Default or Event of Default has occurred and is continuing, Lender will (a) apply funds in the Tax and Insurance Subaccount to payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to Section Sections 5.2 hereof and Section 7.1 hereof7.1, provided that Borrower has promptly supplied Lender with notices of all Taxes and Insurance Premiums due, or (b) reimburse Borrower for such amounts upon presentation of evidence of payment; subject, however, to Borrower’s right to contest Taxes in accordance with Section 5.2 hereof5.2. In making any payment relating to Taxes and Insurance Premiums, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) or insurer or agent (with respect to Insurance Premiums), without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax and Insurance Subaccount will be insufficient to pay (or in excess of) the Taxes or Insurance Premiums next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax and Insurance Subaccount.