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200003557
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Last modified
10/13/2011 12:55:36 PM
Creation date
10/20/2005 8:20:36 PM
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DEEDS
Inst Number
200003557
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200003557 <br />(b) To the best of Borrower's knowledge, information and belief, no portion of the Improvements <br />is located in an area identified by the Secretary of Housing and Urban Development or any successor <br />thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the <br />Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each may <br />be amended, or any successor law, or, if any portion of the Improvements is now or at any time in the future <br />located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section <br />3.6 hereof. <br />(c) Borrower has obtained all necessary certificates, licenses and other approvals, <br />governmental and otherwise, necessary for the operation of the Property and the conduct of its business <br />and all required zoning, building code, land use, environmental and other similar permits or approvals, all <br />of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture <br />or modification. <br />(d) The Property and the present and contemplated use and occupancy thereof are in full <br />compliance with all Applicable Laws, including, without limitation, zoning ordinances, building codes, land <br />use and Environmental Laws, laws relating to the disabled (including but not limited to, the ADA) and other <br />similar laws. <br />(e) All liquid and solid waste disposal, septic and sewer systems located on the Property are <br />in a good and safe condition and repair and in compliance with all Applicable Laws. <br />(f) The Property is adequately served by all utilities required for the current or contemplated <br />use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped <br />to accept such utility service. <br />(g) All public roads and streets necessary for service of and access to the Property for the <br />current or contemplated use thereof have been completed, are serviceable and all- weather and are <br />physically and legally open for use by the public. <br />(h) The Property is served by public water and sewer systems. <br />(i) The Property is free from damage caused by fire or other casualty. <br />Q) All costs and expenses of any and all labor, materials, supplies and equipment used in the <br />construction of the Improvements have been paid in full. <br />(k) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment <br />(other than tenants' property) used in connection with the operation of the Property, free and clear of any <br />and all security interests, liens or encumbrances, except the lien and security interest created hereby. <br />(1) Borrower has received no notice of an actual or threatened condemnation or eminent <br />domain proceeding by any public or quasi - public authority. <br />(m) All the Improvements lie within the boundaries of the Property. <br />Section 4.7 No Foreign Person. Borrower is not a "foreign person" within the meaning of <br />Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended and the related Treasury Department <br />regulations, including temporary regulations. <br />Section 4.8 Separate Tax Lot. The Property is assessed for real estate tax purposes as one <br />or more wholly independent tax lot or lots, separate from any adjoining land or improvements not constituting <br />ATLANTA4181845.4 <br />GMACCM (SLP) — DOT (8/98) 18 Grand Isle, Nebraska <br />
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