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201906785
<br />upon adjacent properties. Grantor has not received any notice that any governmental authority (or any
<br />employee or official thereof) considers that the operation of the Property for its intended use has failed or
<br />will fail to comply with any governmental requirement.
<br />5.5 PHYSICAL CONDITION. To the best of Grantor's knowledge after due inquiry, the
<br />Property is in good condition and repair, free from material defects, and complies with all governmental
<br />requirements. Grantor will maintain the Property in good condition and repair, except for ordinary wear
<br />and tear.
<br />5.6 INFORMATION. To the best of Grantor's knowledge after due inquiry, all documents,
<br />plans, surveys or other data or information prepared by parties other than Grantor's agents or employees
<br />and provided to Lender in connection herewith are true, correct and complete in all material respects and
<br />disclose all material facts with no material omissions. All documents and other data or information
<br />prepared by Grantor or Grantor's agents or employees are true, correct, and complete in all material
<br />respects with no material omissions.
<br />5.7 LITIGATION AND CONDEMNATION. There are no actions, suits or proceedings
<br />pending or, to the best of Grantor's knowledge after due inquiry, threatened before or by any judicial,
<br />administrative or governmental authority, against or affecting Grantor or the Property. To the best of
<br />Grantor's knowledge after due inquiry, there are no existing, proposed or threatened eminent domain or
<br />similar proceedings which would affect the Property.
<br />5.8 BUSINESS USE. Grantor warrants and represents to Lender that the proceeds of the
<br />Note will be used solely for business or commercial purposes, and in no way will the proceeds be used for
<br />personal, family or household purposes.
<br />5.9 NON -HOMESTEAD. Grantor warrants and represents to Lender that the Property is not
<br />the business or residential homestead of Grantor or any other person. Grantor has no present intent to
<br />occupy in the future or use or claim in the future the Property either as business or residential homestead.
<br />5.10 SOURCE OF FUNDS. Grantor did not purchase, and does not (and in the future will
<br />not) operate or maintain any portion of the Property with the proceeds of any unlawful activity, including
<br />without limitation any proceeds obtained, transported, transmitted, transferred, or used in violation of the
<br />Controlled Substances Act of 1978, the Money Laundering Act of 1986, the Anti -Drug Abuse Act of
<br />1986, or any other similar statute, as amended from time to time, which could result in the seizure or
<br />forfeiture of the Property. None of the Property or other assets or property of Grantor has ever been, is
<br />now, or in the future may be the subject of any pending or threatened action for government seizure or
<br />forfeiture under these or other similar statutes.
<br />5.11 FORFEITURE. Neither Grantor, nor any Guarantor has been charged with, or to its
<br />knowledge is under investigation, for possible violations of the Racketeering, Influence, and Corrupt
<br />Organizations Act, the Continuing Criminal Enterprise Act, the Controlled Substance Act of 1978, the
<br />Money Laundering Act of 1986, the Anti -Drug Abuse Act of 1986, or other similar laws, providing for
<br />the possible forfeiture of any of its assets or properties.
<br />5.12 ORGANIZATION AND POWER (GRANTOR). Grantor is duly organized and validly
<br />existing under applicable state laws, and the execution of this Instrument, the Note and any and all other
<br />Loan Documents is within Grantor's powers, has been duly authorized by all requisite action and is not in
<br />contravention of law or the powers of Grantor's partnership agreement. Grantor shall preserve and keep in
<br />full force and effect its existence, rights, franchises, and trade names.
<br />5.13 ORGANIZATION AND POWER (GRANTOR'S GENERAL PARTNER). Grantor's
<br />general partner is a limited liability company duly organized, validly existing and in good standing under
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