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5. Representations and Warranties of Borrower. Borrower hereby represents, covenants and warrants to Lender as follows: 4833 -1883- 6326.3 103736 \000096 201803263 (a) The representations and warranties in the Reimbursement Agreement and the other Loan Documents are true and correct as of the date hereof. (b) There is currently no Event of Default under the Reimbursement Agreement, the Note or the other Loan Documents and Borrower does not know of any event or circumstance which with the giving of notice or passing of time, or both, would constitute an Event of Default under the Reimbursement Agreement, the Note or the other Loan Documents. (c) The Loan Documents are in full force and effect and, following the execution and delivery of this Agreement, they continue to be the legal, valid and binding obligations of Borrower enforceable in accordance with their respective terms, subject to limitations imposed by general principles of equity. (d) There has been no Material Adverse Occurrence since the date of the most recent financial statement received by Lender. (e) As of the date hereof, Borrower has no claims, counterclaims, defenses, or set -offs with respect to the Loan Documents as modified herein. (f) Borrower is validly existing under the laws of the State of its formation or organization and has the requisite power and authority to execute and deliver this Agreement and to perform the Loan Documents as modified herein. The execution and delivery of this Agreement and the performance of the Loan Documents as modified herein have been duly authorized by all requisite action by or on behalf of Borrower. 6. Limited Amendment; Ratification. This Agreement is given solely to amend the Loan Documents as set forth herein. No further amendment or modification is made or intended, and the terms and provisions of the Loan Documents, except as expressly modified herein, shall continue in full force and effect after the date hereof. The warranties, representations, covenants and agreements contained in the Loan Documents are hereby specifically reaffirmed and remade by Borrower and each Loan Document is hereby ratified, approved and confirmed in every respect. Borrower also hereby ratifies and confirms, as of the date of the Loan Documents and as of the date hereof, the liens, encumbrances and security interests in and on the Property intended to be created by the Loan Documents. 7. No Release or Novation. The obligations secured by the Loan Documents are continuing obligations and nothing contained herein shall be deemed to release, terminate or subordinate any lien, security interest or assignment created or evidenced by the Loan Documents and all such liens, security interest and assignments and the priority thereof shall relate back to the date that the Loan Documents were executed as referenced in the above recitals. Borrower and Lender intend that this Agreement shall in no way affect the priority of any such liens, security interest and assignments or constitute a novation of the indebtedness secured thereby. 3