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<br />99.-. 101934
<br />complete and correct in all material respects, (ii) accurately
<br />present the financial condition of Trustor as of-the dates the sane
<br />have been furnished, and (iii) have been prepared in accordance
<br />with generally accepted accounting principals consistently followed
<br />by Trustor throughout the periods covered thereby;
<br />(c) all balance sheets disclose all Known liabilities,
<br />direct and contingent, of Trustor as of their respective dotes; and
<br />(d) there has been no change in theteondition of Trustor,
<br />financial or otherwise, since the date of the -amost recent financial
<br />statements given to Beneficiary with respect to•Trustor, other than
<br />changes in the ordinary course of business, none of which changes
<br />has been materially adverse.
<br />7. other Agreements. Trustor hereby represents and warrants
<br />to Beneficiary that Trurrtor:
<br />(a) is not a party to any agreement or instrument
<br />materially and adversely affecting its presant or proposed
<br />iu�aQSS, properties or assets, operation or, condition, financial
<br />ac8aezwise;
<br />(b) is not in default in the performance, observance or
<br />fulfillment of any of the material obligations, covenants or
<br />-::conditions set forth in any agreement or instrument to which it is
<br />a party; and
<br />(c) shall continue to duly and punctually perform all
<br />...material obligations, covenants and conditions imposed upon Trustor
<br />by any agreement or instrument to -which it is a party.
<br />S. Other Information. Trustor hereby represents and
<br />warranto, to Beneficiary that all other information, reports,
<br />papers, and data given to Beneficiary are accurate and correct in
<br />all material respects and complete insofar as completeness may be
<br />necessary to give Beneficiary a true and accurate knowledge of the
<br />subject matter.
<br />9. Tazes. Trustor hereby represents and warrants to
<br />Beneficiary that Trustor has filed all federal, state, county and
<br />municipal income tax returns required to have been filed and that
<br />Trustor has paid all taxes which have become due pursuant to such
<br />retu=s or pursuant to any assessments received by it, and that
<br />Trustor does not know of any basis for additional assessment in
<br />respect to such taxes.
<br />10. Litigation. Trustor hereby represents and warrants to
<br />Beneficiary that there is not now pending against or affecting
<br />Trustor nor, to the knowledge of Trustor, is there threatened any
<br />action, suit or proceeding at law or in equity or by or before any
<br />goverr.,msntal agency which if adversely determined would materially
<br />impair or affect the financial condition or operation of Trustor,
<br />or which would adversely affect its ability to repay the loan or
<br />perform any other obligations imposed hersunder.
<br />11. Existence. Trustor shall preserve and keep in full force
<br />.and effect its existence, rights, franchises and trade names.
<br />12. Compliance with Applicable Laws. Trustor hereby
<br />represents, warrants and covenants to Beneficiary that the
<br />location, constructions occupancy, operation and use of the Trust
<br />Property, or any part thereof, do not violate any applicable law,
<br />statute, ordinance, rule, regulation, order or determination of any
<br />governmental authority or agency or any board of fire underwriters..
<br />or other body exercising similar functions, or any restrictive
<br />covenant or deed restriction (recorded or otherwise) affecting the
<br />Trust Property, including, but not limited to, all applicable
<br />zoning ordinances, building and housing codes, flood disaster i:aws,
<br />and health and environmental laws and regulations (hereinafter
<br />sometimes collectively referred to as the "Applicable haws ").
<br />Trustor shall promptly and faithfully comply with, conforn to and
<br />obey all present and future Applicable Laws shall necessitate
<br />structural changes or improvements or interfere with the use or
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<br />April 10, 1989 5
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