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200008622
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Last modified
10/13/2011 8:41:30 PM
Creation date
10/20/2005 9:52:22 PM
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DEEDS
Inst Number
200008622
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200008622 <br />EXHIBIT "B" <br />Jurisdiction; <br />(b) Borrower and the Mortgaged Property (and the operation thereof) are in <br />compliance in all material respects with the applicable provisions of all laws, <br />statutes, regulations, ordinances, orders, standards, restrictions and rules of any <br />federal, state or local government or quasi - government body, agency, board or <br />authority having jurisdiction over the operation of the Mortgaged Property, <br />including, without limitation: (a) health care and fire safety codes; (b) laws <br />regulating the handling and disposal of medical or biological waste; (c) the <br />applicable provisions of Seniors Housing Facility laws, rules, regulations and <br />published interpretations thereof to which the Borrower or the Mortgaged Property <br />is subject; and (d) all criteria established to classify the Mortgaged Property as <br />housing for older persons under the Fair Housing Amendments Act of 1988; <br />(c) If required, Borrower has a current provider agreement under any and all <br />applicable federal, state and, local laws for reimbursement: (a) to an Seniors <br />Housing Facility; or (b) for other type of care provided at such facility. There is no <br />decision not to renew any provider agreement related to the Mortgaged Property, <br />nor is there any action pending or threatened to impose material intermediate or <br />alternative sanctions with respect to the Mortgaged Property; <br />(d) Borrower and the Mortgaged Property are not subject to any proceeding, suit <br />or investigation by any federal, state or local government or quasi- government <br />body, agency, board authority or any other administrative or investigative body <br />which may result in the imposition of a fine, alternative, interim or final sanction, <br />or which would have a material adverse effect on Borrower or the operation of the <br />Mortgaged Property, or which would result in the appointment of a receiver or <br />manager or would result in the revocation, transfer, surrender, suspension or other <br />impairment of the operating certificate, license, permit, approval or authorization <br />of the Mortgaged Property to operate as an Seniors Housing Facility; <br />(e) Upon Lender's request, copies of resident care agreements shall be provided <br />to Lender. All resident records at the Mortgaged Property are true and correct in <br />all material respects; <br />(f) Neither the execution and delivery of the Note, the Instrument or the Loan <br />Documents, Borrower's performance thereunder, nor the recordation of the <br />Instrument will adversely affect the licenses, registrations, permits, certificates, <br />authorizations and approvals necessary for the operation of the Mortgaged Property <br />Modifications to Instrument (Seniors Housing) Form 4075 3/99 Page 8 <br />
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