Common use of Certain Calculations in Respect of the Trust Loan or the Whole Loan Clause in Contracts

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan Borrowers, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, as a recovery of accrued and unpaid interest on each Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan Documents) through and including the end of the related Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan Borrowers, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar items; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Premium then due and owing under the Loan Documents (such Yield Maintenance Premium to be applied pursuant to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Loan Documents (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Loan Documents; and eleventh, as a recovery of any other amounts then due and owing under the Loan Documents, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value).

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan BorrowersBorrower, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, as a recovery of accrued and unpaid interest on each Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan Documents) through and including the end of the related Loan Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan BorrowersBorrower, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Co-Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar items; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Premium Prepayment Charge then due and owing under the Loan Documents (any such Yield Maintenance Premium Prepayment Charge to be applied pursuant to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Loan Documents (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Loan Documents; and eleventh, as a recovery of any other amounts then due and owing under the Loan Documents, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value).

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan BorrowersBorrower, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of allocated to the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, less any amounts reimbursed as Monthly Payment Advances in clause (i) above, as a recovery of accrued and unpaid interest on each Trust Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan DocumentsTrust Loan) through and including the end of the related Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan BorrowersBorrower, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan or the Trust Loan, as applicable, then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Co-Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note the Trust Loan to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note the Trust Loan that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar itemsitems relating to the Whole Loan or the Trust Loan, as applicable; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Premium Prepayment Fee then due and owing under the Whole Loan Documents or the Trust Loan, as applicable, (such Yield Maintenance Premium Prepayment Fee to be applied pursuant according to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Whole Loan Documents or the Trust Loan, as applicable (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, defeasance fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Whole Loan Documentsor Trust Loan, as applicable; and eleventh, as a recovery of any other amounts then due and owing under the Whole Loan Documentsor Trust Loan, as applicable, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any the Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value)) exceeds 125%.

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan Borrowers, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, less any amounts reimbursed as Monthly Payment Advances in clause (i) above, as a recovery of accrued and unpaid interest on each Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan DocumentsTrust Loan) through and including the end of the related Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan Borrowers, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan or the Trust Loan, as applicable, then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Co-Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note the Trust Loan to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note the Trust Loan that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar itemsitems relating to the Whole Loan or the Trust Loan, as applicable; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Default Premium then due and owing under the Whole Loan Documents or the Trust Loan, as applicable (such Yield Maintenance Default Premium to be applied pursuant according to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Whole Loan Documents or the Trust Loan, as applicable (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, defeasance fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Whole Loan Documentsor Trust Loan, as applicable; and eleventh, as a recovery of any other amounts then due and owing under the Whole Loan Documentsor Trust Loan, as applicable, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any Property the Properties (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to to-value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value)) exceeds 125%.

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan Borrowers, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, as a recovery of accrued and unpaid interest on each Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan Documents) through and including the end of the related Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan Borrowers, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Co-Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar items; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Premium then due and owing under the Loan Documents (such Yield Maintenance Premium to be applied pursuant to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Loan Documents (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Loan Documents; and eleventh, as a recovery of any other amounts then due and owing under the Loan Documents, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value).

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan BorrowersBorrower, Liquidation Proceeds, Condemnation Proceeds and or Insurance Proceeds (other than amounts related to clause (b) of the definition thereof necessary to be applied to the restoration, preservation or repair of the Property or to be released to the Borrower in accordance with the Loan Documents and the Co-Lender Agreement) shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender AgreementDocuments; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender mortgagee to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will shall be applied in the following order of prioritydeemed to be applied: first, as a recovery of any related and unreimbursed Monthly Payment Advance, Property Protection Advances and Administrative Advances with respect to the Whole Loan or Trust Loan, as applicable, plus interest accrued thereon on such Advances and, without duplicationif applicable, unpaid Liquidation Expenses or foreclosure expenses and unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable applicable, (which amount in respect of the Trust Loan is required to be treated as a collection on the Whole Loan or Trust Loan Loan, as applicable, in respect of principal in calculating the Regular Principal Distribution Amount); third, to the extent not previously allocated pursuant to clause first above, as a recovery of accrued and unpaid interest on each Note the Whole Loan or Trust Loan, as applicable, to the extent of the excess of (i) accrued and unpaid interest on such Note the Whole Loan or Trust Loan, as applicable, at the Note Interest Mortgage Rate of such Note (without giving effect to any increase in such Note Interest the Mortgage Rate required under the Loan Agreement as a result of a default under the Loan DocumentsWhole Loan) through and including to, but not including, the end date of the related Interest Accrual Period in which such collections are received receipt by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan BorrowersBorrower, through the end of the related Distribution DateLoan Interest Accrual Period), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such the Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have theretofore occurred under Section 3.23(a) in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan or Trust Loan, as applicable, then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default default thereunder (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note the Trust Loan to the extent of the cumulative amounts amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note the Trust Loan that have theretofore occurred under Section 3.23(a) in connection with related Appraisal Reduction Amounts (to the extent that collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery an allocation of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and assessments, insurance premiums and similar itemsitems relating to the Whole Loan or Trust Loan, as applicable,; seventh, as a recovery an allocation of any other reserves to the extent then required to be held in escrowescrow with respect to the Whole Loan; eighth, as a recovery of any Yield Maintenance Premium assumption fees and Modification Fees then due and owing under the Whole Loan Documents (such or Trust Loan, as applicable; ninth, as a recovery of Yield Maintenance Premium to be applied pursuant to Premiums then due and owing under the Co-Lender Agreement)Whole Loan or Trust Loan, as applicable; ninthtenth, as a recovery of any Default Interest or late charges then due and owing under the Whole Loan Documents (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenthor Trust Loan, as a recovery of any assumption fees, assumption application fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Loan Documentsapplicable,; and eleventh, as a recovery of any other amounts then due and owing under in respect of the Whole Loan Documentsor Trust Loan, as applicable; provided that, to the extent required under the REMIC ProvisionsProvisions to preserve the Trust’s status as a REMIC or otherwise prevent the imposition of any tax thereon, payments payment or proceeds received with respect to the any partial release of any Property or portion of any the Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, at a time when the loan-to to-value ratio of the Whole Loan exceeds 125% (based solely on upon the value of the remaining real property and excluding any personal property and or going concern value)) must be applied to reduce the principal balance of the Whole Loan in the manner permitted by the REMIC Provisions.

Certain Calculations in Respect of the Trust Loan or the Whole Loan. (a) All amounts collected by or on behalf of the Trust in respect of the Whole Loan or the Trust Loan, as applicable, in the form of payments from the Loan BorrowersBorrower, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds shall be applied to amounts due and owing under the Loan Documents (including for principal and accrued and unpaid interest) in accordance with the express provisions of the Loan Documents and the Co-Lender Agreement; provided, however, in the absence of such express provisions in the Loan Documents or if and to the extent that such terms authorize the Loan Lender to use its discretion and in any event for purposes of calculating distributions hereunder after a Loan Event of Default, all such amounts collected will be applied in the following order of priority: first, as a recovery of any related and unreimbursed Property Protection Advances and Administrative Advances plus interest accrued thereon and, without duplication, unreimbursed Loan Borrower Reimbursable Trust Fund Expenses; second, as a recovery of Property Protection Advances that were determined to be Nonrecoverable Advances or interest on Property Protection Advances that were determined to be Nonrecoverable Advances to the extent previously reimbursed from principal collections with respect to the Whole Loan or the Trust Loan, as applicable (which amount in respect of the Trust Loan is required to be treated as a collection on the Trust Loan in respect of principal in calculating the Regular Principal Distribution Amount); third, less any amounts reimbursed as Monthly Payment Advances in clause (i) above, as a recovery of accrued and unpaid interest on each Note to the extent of the excess of (i) accrued and unpaid interest on such Note at the Note Interest Rate of such Note (without giving effect to any increase in such Note Interest Rate required under the Loan Agreement as a result of a default under the Loan DocumentsTrust Loan) through and including the end of the related Interest Accrual Period in which such collections are received by or on behalf of the Trust (or, in the case of a full Monthly Payment from the Loan BorrowersBorrower, through the related Distribution Date), over (ii) the cumulative amount of the reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances for such Trust Loan Note or related Companion Advances for such Companion Loan Note, as applicable, that have occurred in connection with Appraisal Reduction Amounts (to the extent that collections have not been applied as a recovery of accrued and unpaid interest pursuant to clause fifth below on earlier dates) (such accrued and unpaid interest to be applied pursuant to the Co-Lender Agreement); fourth, as a recovery of principal of the Whole Loan or the Trust Loan, as applicable, then due and owing, including by reason of acceleration of the Whole Loan following a Loan Event of Default (or, if the Whole Loan has been liquidated, as a recovery of principal to the extent of its entire remaining unpaid principal balance) (such principal to be applied pursuant to the Co- Lender Agreement); fifth, as a recovery of accrued and unpaid interest on each Note to the extent of the cumulative amounts of reductions (if any) in the amount of the interest portion of the related Monthly Payment Advances or related Companion Advances for such Note that have occurred in connection with related Appraisal Reduction Amounts (to the extent collections have not been applied as recovery of accrued and unpaid interest pursuant to this clause fifth on earlier dates); sixth, as a recovery of amounts to be currently applied to the payment of, or escrowed for the future payment of, real estate taxes, assessments and insurance premiums and similar items; seventh, as a recovery of any other reserves to the extent then required to be held in escrow; eighth, as a recovery of any Yield Maintenance Premium then due and owing under the Loan Documents (such Yield Maintenance Premium to be applied pursuant to the Co-Lender Agreement); ninth, as a recovery of any Default Interest or late charges then due and owing under the Loan Documents (such Default Interest and late charges to be applied pursuant to the Co-Lender Agreement); tenth, as a recovery of any assumption fees, assumption application fees, consent fees, release fees, substitution fees, Modification Fees and similar fees then due and owing under the Loan Documents; and eleventh, as a recovery of any other amounts then due and owing under the Loan Documents, provided that, to the extent required under the REMIC Provisions, payments or proceeds received with respect to the release of any Property or portion of any Property (including following a condemnation) from the lien of the Mortgage and Loan Documents must be allocated to reduce the principal balance of the Trust Loan in the manner permitted by such REMIC Provisions if, immediately following such release, the loan-to value ratio of the Whole Loan exceeds 125% (based solely on real property and excluding any personal property and going concern value).following