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introductory paragraph of this Mortgage, that Borrower was organized in the State of Missouri and covenants that Borrower will immediately notify Lender in writing of any change in its name or state of organization. (e) Representations and Warranties. The Borrower represents and warrants that: (i) the Borrower is the record owner of the Mortgaged Property; (ii) the Borrower's chief executive office is located in the State of Missouri; (iii) the Borrower's state of organization is the State of Missouri; (iv) the Borrower's exact legal name is as set forth on Page 1 of this Mortgage; (v) the Borrower's organizational identification number is LC001453772, (vi) Borrower is the owner of the Personal Property subject to no liens, charges or encumbrances other than the Permitted Encumbrances and the lien hereof, (vii) the Personal Property will not be removed from the Mortgaged Property without the consent of the Lender, and (viii) no financing statement covering any of the Personal Property or any proceeds thereof is on file in any public office except pursuant hereto. 9. Restrictions on Transfer. For the purpose of protecting the Lender's security, and keeping the Mortgaged Property free from subordinate financing liens, the Borrower agrees that it, the members of Borrower, and the members, partners or stockholders of any entity controlling, directly or indirectly, Borrower, will not: 51668048.5 201508663 (a) sell, assign, transfer, hypothecate, grant a security interest in or convey title to (i) the Mortgaged Property or any part thereof, except (1) sales or transfers of parcels on which Lender has released the lien of this Mortgage pursuant to Section 28, (2) the grant of utility or access easements to public or private utilities or governmental entities, (3) the grant, in the ordinary course of business, of a leasehold interest in a part of the Improvements to a tenant for occupancy, not containing a right or option to purchase and not in contravention of any provision of this Mortgage or of any other Loan Document, and (4) sales or transfers of items of the Fixtures which have become obsolete or worn beyond practical use and which have been replaced by adequate substitutes, owned by Borrower, having a value equal to or greater than the replaced items when new ( "Permitted Transfers "), or (ii) any membership interest in Borrower other than to a Permitted Transferee, or (iii) any membership interest, partnership interest or stock in any entity controlling, directly or indirectly, Borrower other than to a Permitted Transferee; (b) obtain any financing, all or a part of which, will be secured by (i) the Mortgaged Property, or (ii) any membership interest in Borrower, or (iii) any membership interest, partnership interest or stock in any entity controlling, directly or indirectly, Borrower; or (c) convert the Borrower from one type of legal entity into another type of legal entity, without, in each instance, the Lender's prior written consent. Any violation of this Section 9 shall be deemed a "Prohibited Transfer." A "Permitted Transferee" shall mean (i) a Person who on the date hereof was a holder of a direct or indirect equity interest in the Borrower (a "Current Member "), (ii) Michael H. 12