201508167 - Laserfiche WebLink

Browse

2� 15�81 �7 has never b een argani zed or formed in any j uri s di cti on other than the j uri sdicti an set farth in the preamb�e hereto. E�cept as and if specif1ca11y disclosed by Trustor to Lender IN�VVRITIN�priar t� the execution hereof,durxng the five�5�years and si�months pr�or to the dat�hereof,Trustar has n�t been kn�wn by any legal nam�different frarn the one set for�h in th�preamble h�ret�nor has Trustor been the subj ect�f any merg�r, cansolidatian, �r ather corporat� or organizatx�nal re�rganizati�n. �b� Trustor �s va1�d�� istin� and in good standing under the la�vs of xts state of organization or f�rmation, and xs du��qualified, in g�od standing and author�z�d t�do busxness in each jurisd�ction where it is required by�aw to qualify. The execut�on,deliv�ry and performance of th�s Instrument and the Loan I]�cum.�nts ar��w�thin Trustor's povvers and have been authorized by all necessary action required by law and Trustor's�rganizational I]ocuments�as such term is us�d and def ned in�he Loan A�reement� affecting the Trust�r. (c� The ��.ecution, delivery and performance af th�s Instrument and Loan Documents have received any a�.d a�1 necessary governm�ntal appr�val, and do n�t and vvi11 n�t contravene or conflict with an�prov�sion�f lav�,any Constituent D�cument or any agreement affeeting Trustar or �ts propert�. �d} There has been na Material Adv�rs��hange�as such term is used and def�ned in the L�an Agreement� xn Trustar or an� Guarantor �as such term is used and defined in the Loan Agreement� sxnce the date of the latest f nanc�a� statements provided by ar on behalf of Trust�r or �uarantor to Lender. � (e� As of the closing af the Loan pursuant t� the terms and conditions �f the Loan A�reemen�, no financing statemer�t, mortgag�, deed of trust, notice af judgment ar any similar instrument �unless filed on behalf of Lender� covering any Mortgaged Property is on file in any public office. �� Trustor is the �a�vful �wner�f and has rights in or power t� transfer aXl Martga�ed Property, free and clear af a��zens,pledges, charges,mortgag�s, and c�aim.s ather than any�r�fav�r �f Lender and the Permitted Exc�ptions �if any�. �g} Trustor has filed or caused to be fi�ed all federa�, s�ate, and loca��ax returns that are re9uired to be fi��d, and has paid or has caused to be paid a�� of�ts taxes,including an�ta�es shaWn on such returns or on any assessment received}�y it,to th�e�.tent that such ta�es have bec�me due. �h} If Trustor is nat a natural persan: �i�the ex�cutxon, delivery and perfarmance of this Instrument and the Loan D�cuments are in Trustor's best in.terest in�t� current and future business operations and wi]X materia�Iy benefit Trustor; (ii� Trustar has recexved adequate, fair and valuable cor�sideration.,and at least reas�nably equivalent value,to enter inta and perf�rm this Instrument and Laan Documen�s; �ii�} Trustor's assets at fair �aluat�on e�ceed the sum of Trustar's dehts; �iv� Tru stor i s ab�e t�pay xts deb�s as they become du�;and�v�Trustor daes nat have unreasonably small �api�a� w�tl� ,w��ch to conduct its business. �j} If a�7y dacume�ltary stamp, intang�b]�, recordi��g or other ta� ar fee becomes due in 21 ci�r��t�(1��.]1��f►� �)�'��