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Titan Europe 2007-1 (NHP) Limited - Irish Stock Exchange

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(b) in the event the related Property is the subject of an internal valuation, equal to the greater of (i) the<br />

amount calculated in accordance with paragraph (a) above, and (ii) 25 per cent. of the then outstanding<br />

principal balance of the Libra Loan.<br />

An Appraisal Reduction will be reduced to zero as at the date that the Libra Loan is brought current under<br />

the then current terms of the Credit Agreement for at least three consecutive months, paid in full, liquidated,<br />

repurchased or otherwise disposed of.<br />

Annual Review Procedure<br />

The Servicer or, in the case of any Specially Serviced Loan, the Special Servicer is required to undertake, at<br />

the expense of the Issuer, an annual review in respect of the Borrower and the Libra Whole Loan in accordance<br />

with the Servicing Standard. The Servicer or, as the case may be, the Special Servicer, is authorised to conduct<br />

this review process more frequently, at the expense of the Issuer, if the Servicer or, as the case may be, the<br />

Special Servicer, acting in accordance with the Servicing Standard, has cause for concern as to the ability of the<br />

Borrower to meet its financial obligations under the Credit Agreement. Such a review (annual or otherwise)<br />

may include an inspection of the Properties and will include consideration of the quality of the cash flow arising<br />

from the Properties and a compliance check of the Borrower’s covenants under the Credit Agreement.<br />

Quarterly Reporting<br />

Subject to any constraints imposed by local law or any confidentiality agreement, the Servicer has agreed to<br />

deliver to the Issuer, the Cash Manager, the Special Servicer, the Advance Provider, the Backup Advance<br />

Provider, the Note Trustee, the Rating Agencies and, on the fifth Business Day immediately following each<br />

Payment Date (provided that, with respect to the CMSA E-IRP Loan Setup File, the Servicer will, in addition,<br />

provide such information prior to the first Payment Date), the following reports with respect to the Libra Loan,<br />

each of which shall provide the required information in respect of the Loan Interest Accrual Period immediately<br />

preceding the immediately ended Loan Interest Accrual Period (in the case of items (a) to (d) below and<br />

information fields based on Borrower reporting) or in respect of the immediately ended Loan Interest Accrual<br />

Period (in the case of the other items listed below) in each case based on information provided by the Special<br />

Servicer with respect to any Specially Serviced Loan the following reports:<br />

(a) “CMSA E-IRP Loan Setup File” setting forth, among other things, the majority of loan-level<br />

information including, cut-off balance, original mortgage rate, maturity date and general payment<br />

information, as well as financial data;<br />

(b) “CMSA E-IRP Loan Periodic Update File” setting forth, among other things, quarterly remittances<br />

on the Libra Whole Loan as well as the tracking of both scheduled and unscheduled payments on the<br />

Libra Whole Loan;<br />

(c) “CMSA E-IRP Property File” setting forth, among other things, information regarding the Properties<br />

including, property name, address and identification number; and<br />

(d) “Deal Summary Report” setting forth, among other things, the outstanding collateral balance as at the<br />

Closing Date and for each quarter, principal prepayments, the number of Properties as at the Closing<br />

Date and each quarter and the open market value of the portfolio as at the Closing Date and each<br />

quarter. The Deal Summary Report will be produced substantially in the form as described above<br />

subject to amendment from time to time in accordance with market demands.<br />

The reports identified above (together, the “CMSA <strong>Europe</strong>an Investor Reporting Package”) will be in<br />

the form prescribed in the standard CMSA <strong>Europe</strong>an investor reporting package (or as modified to take into<br />

account any changes for properties located in England, Northern Ireland, Scotland and Wales).<br />

On each Payment Date, the Servicer will provide to the Cash Manager, the Special Servicer, the Issuer and<br />

the Note Trustee, the following information fields contained in the CMSA E-IRP Loan Periodic Update File on<br />

the Libra Whole Loan and the Properties in the CMSA E-IRP Loan Periodic Update File format:<br />

(a) the principal balance for the Libra Loan at the beginning of the related Loan Interest Accrual Period;<br />

(b) the principal balance for the Libra Loan at the end of the related Loan Interest Accrual Period;<br />

(c) principal repayment amounts actually received and made from the surplus of the Rent Account;<br />

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