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200308465
<br />Tax Returns ") accurately present the financial condition of the Guarantor referred
<br />to therein.
<br />(f) Liti ag tion: No suits, actions, governmental investigations or inquiries,
<br />proceeding (including, without limitation, condemnation or eminent domain
<br />proceedings), or other litigation is pending or, to the best of Borrower's
<br />knowledge, proposed or threatened, against or affecting Borrower, the Property,
<br />or the Collateral which, singularly or in the aggregate, if adversely determined,
<br />would materially inhibit or impair Borrower's ability to perform hereunder or
<br />reduce or restrict Borrower's interest in the Property or the Collateral, and
<br />Borrower knows of no basis for any such litigation.
<br />(g) Loan Documents: All representations and warranties of Borrower
<br />contained in the Note and the Hazardous Substances Certificate and Indemnity
<br />Agreement entered into by Borrower are true and accurate in all material respects
<br />to the extent not inconsistent with the representations and warranties of Borrower
<br />contained herein.
<br />(h) Propert y: Neither the whole nor any portion of the Property is subject
<br />to any pending condemnation, taking, or other similar proceeding by any public or
<br />private authority, and, to the best of Borrower's knowledge, no such condemnation
<br />or taking is threatened or contemplated with respect to the Property. Borrower is
<br />unaware of and has not been notified of any plan, study, or effort by any
<br />governmental authority or agency which in any way affects or would affect the
<br />present use or zoning of the Property nor any existing, proposed, or contemplated
<br />plan to widen, modify, or realign any street or highway adjoining the Property.
<br />The Property and the occupancy by or operation of the Borrower's business at the
<br />Property is not in violation of any law or any building, zoning, fire, health, or other
<br />ordinance, code, or regulation, and neither Borrower nor any tenant has received
<br />any notice or request from any governmental authority, insurance company or
<br />board of fire underwriters alleging any such violation or requiring or calling
<br />attention to the need for any work, repairs, construction, alterations or installation
<br />on or in connection with the Property which has not been heretofore complied
<br />with. There exist adequate rights of egress from and ingress to the Property, and
<br />there is currently adequate access to all water, sewer, gas, electric, telephone,
<br />drainage, and other utility equipment and services required by law or necessary for
<br />the operation of the business currently operated on the Property, and, to the best
<br />of Borrower's knowledge, no fact, condition, or threatened or proposed action
<br />exists which would or could have the effect of diminishing such rights.
<br />(i) Environmental Matters: For purposes of this Deed of Trust,
<br />"Hazardous Substances" shall mean asbestos in a friable state or condition, non -
<br />contained polychlorinated biphenyls ( "PCBS "), petroleum or petroleum products,
<br />and any hazardous or toxic waste or substance or related material defined or
<br />treated as a "hazardous substance" or "toxic substance" or "hazardous waste" or
<br />"toxic waste" (or comparable term) in the Comprehensive Environmental
<br />Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.)
<br />( "CERCLA "), the Hazardous Materials Transportation Act (49 U.S.C. 1801, et
<br />seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901, et. seq.)
<br />( "RCRA "), or any other applicable federal, state or local statute, law or ordinance,
<br />and any rules and regulations promulgated thereunder (jointly, the "Applicable
<br />Environmental Law "). No Hazardous Substances have been generated, used,
<br />discharged, dispersed, released, disposed of, or allowed to escape on or under the
<br />Property in violation of Applicable Environment Law. No asbestos or asbestos -
<br />containing substance presently in a condition or in a sufficient quantity as to violate
<br />Applicable Environmental Law has been installed, used, incorporated into or
<br />disposed of on the Property. No underground liquid storage tanks are located on
<br />the Property. No notice has been received by Borrower or any tenant with respect
<br />
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