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202300986
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Last modified
3/2/2023 4:24:04 PM
Creation date
3/2/2023 4:24:02 PM
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DEEDS
Inst Number
202300986
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202300986 <br />Section 3.4 Independence of the Real Property. <br />No buildings or other improvements on property not covered by this Deed of Trust rely on the Real <br />Property or any interest therein to fulfill any requirement of any Governmental Authority for the existence <br />of such property, building, or improvements; and none of the Real Property relies, or will rely, on any <br />property not covered by this Deed of Trust or any interest therein to fulfill any requirement of any <br />Governmental Authority. The Real Property has been properly subdivided from all other property in <br />accordance with the requirements of any applicable Governmental Authorities. <br />Section 3.5 Existing Improvements. <br />The existing Improvements, if any, were constructed, and are being used and maintained, in <br />accordance with all applicable Laws, including zoning Laws. <br />Section 3.6 Utilities; Services. <br />The Property is serviced by all necessary public utilities, including, but not limited to, water, <br />electricity, natural gas, telephone, high speed internet, fiber optic cable, storm sewer and sanitary sewer, <br />and all such utilities are operational and have sufficient capacity. There is no material contract or agreement <br />providing for services to or maintenance of the Property which cannot be cancelled upon 30 days' or less <br />notice. The Property has access to all public streets and any railroad spurs and tracks, and is benefited by <br />all necessary easements, to allow the operation of the Property by Grantor and its tenants in the ordinary <br />course of business and in a prudent manner. <br />Section 3.7 Leases <br />The Leases, if any, are valid and are in full force and effect, and Grantor is not in default under any <br />of the terms thereof. Except as expressly permitted in the Loan Agreement, Grantor has not accepted any <br />Rents in advance of the time the same became due under the Leases and has not forgiven, compromised or <br />discounted any of the Rents. Grantor has title to and the right to assign the Leases and Rents to Lender, <br />and no other assignment of the Leases or Rents has been granted. To the best of Grantor's knowledge and <br />belief, no tenant is in default under their Lease(s) or are the subject of any bankruptcy, insolvency or similar <br />proceeding. <br />Section 3.8 Environmental <br />Grantor makes the representations and warranties contained in, and shall comply with its <br />obligations under, that certain Environmental Indemnity Agreement, which Environmental Indemnity <br />Agreement is incorporated herein by reference. <br />Article IV <br />Affirmative Covenants. <br />Section 4.1 Obligations. <br />Grantor agrees to promptly pay and perform all of the Obligations, time being of the essence in <br />each case. <br />Section 4.2 Property Assessments; Documentary Taxes. <br />Grantor (a) will promptly pay in full and discharge all Property Assessments, and (b) will furnish <br />to Lender, upon demand, the receipted bills for such Property Assessments prior to the day upon which the <br />12 <br />
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