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footprints), certificates, plans and specifications, appraisals, title and other insurance reports and <br />agreements, reasonably requested by the Servicer or the Funding Lender for the better and more efficient <br />carrying out of the intents and purposes of the Borrower Loan Documents and the Funding Loan <br />Documents; (ii) execute and deliver to the Servicer and the Funding Lender such documents, instruments, <br />certificates, assig~rlments and other writings, and do such other acts necessary or desirable, to evidence, <br />preserve and/or protect the collateral at any time securing or intended to secure the Borrower Loan, as the <br />Servicer, the Fiscal Agent and the Funding Lender may reasonably require from time to time; (iii) do and <br />execute all and such further lawful and reasonable acts, conveyances and assurances for the better and <br />more effective carrying out of the intents and purposes of the Borrower Loan Documents and the Funding <br />Loan Documents, as the Servicer, the Fiscal Agent or the Funding Lender shall reasonably require from <br />time to time; provided, however, with respect to clauses (i)-(iii) above, the Borrower shall not be required <br />to do anything that has the effect of (A) changing the essential economic terms of the Borrower Loan or <br />(B) imposing upon the Borrower greater personal liability under the Borrower Loan Documents and the <br />Funding Loan Documents; and (iv) upon the Servicer's, the Fiscal Agent's or the Funding Lender's <br />request therefor given from time to time after the occurrence of any Potential Default or Event of Default <br />for so long as such Potential Default or Event of Default, as applicable, is continuing pay for (a) reports of <br />UCC, federal tax lien, state tax lien, judgment and pending litigation searches with respect to the <br />Borrower and (b) searches of title to the Project, each such search to be conducted by search firms <br />reasonably designated by the Servicer, the Fiscal Agent or the Funding Lender in each of the locations <br />reasonably designated by the Servicer, the Fiscal Agent or the Funding Lender. <br />Section 5.9. Delivery of Financial Information. After notice to the Borrower of a Secondary <br />Market Disclosure Document, the Borrower shall, concurrently with any delivery to the Funding Lender <br />or the Servicer, deliver copies of all financial information required under Article IX. <br />Section 5.10. Environmental Matters. So long as the Borrower owns or is in possession of the <br />Project, the Borrower shall (a) keep the Project in compliance with all Hazardous Materials Laws (as <br />defined in the Security Instrument), (b) promptly notify the Funding Lender and the Servicer if the <br />Borrower shall become aware that any Hazardous Materials (as defined in the Security Instrument) are on <br />or near the Project in violation of Hazardous Materials Laws, and (c) commence and thereafter diligently <br />prosecute to completion all remedial work necessary with respect to the Project required under any <br />Hazardous Material Laws, in each case as set forth in the Security Instrument or the Agreement of <br />Environmental Indemnification. <br />Section 5.11. Governmental Lender's and Funding Lender's Fees. The Borrower covenants <br />to pay the reasonable fees and expenses of the Governmental Lender (including the Ongoing <br />Governmental Lender Fee), the Fiscal Agent and the Funding Lender or any agents, attorneys, <br />accountants, consultants selected by the Governmental Lender, the Fiscal Agent or the Funding Lender to <br />act on its behalf in connection with this Borrower Loan Agreement and the other Borrower Loan <br />Documents, the Regulatory Agreement and the Funding Loan Documents, including, without limitation, <br />any and all reasonable expenses incurred in connection with the making of the Borrower Loan or in <br />connection with any litigation which may at any time be instituted involving the Borrower Loan, this <br />Borrower Loan Agreement, the other Borrower Loan Documents, the Regulatory Agreement and the <br />Funding Loan Documents or any of the other documents contemplated thereby, or in connection with the <br />reasonable supervision or inspection of the Borrower, its properties, assets or operations or otherwise in <br />connection with the administration of the foregoing. This obligation shall remain valid and in effect <br />notwithstanding repayment of the Borrower Loan hereunder or termination of this Borrower Loan <br />Agreement. <br />Section 5.12. Estoppel Statement. The Borrower shall furnish to the Funding Lender, the <br />Fiscal Agent or the Servicer for the benefit of the Funding Lender or the Servicer within ten (10) days <br />C:1UsersltadlDesktoplSanta Ana HA Washington Place 36 a <br />BLA.doc <br />DRAFT 11/28/12 8:41AM ~ ~~~ ~~" <br />