|
200504312
<br />obligations under, any of the terms or provisions of any lease, security
<br />agreement, mortgage, note, indenture, deed of trust, license, permit, contract,
<br />agreement, or other instrument or document of any kind or nature to which
<br />Trustor is a party of by which it or its property is bound or affected, or any
<br />restriction to which it or its property is subject, (ii) the creation or acceleration of
<br />any lien or encumbrance on the property of Trustor, or (iii) a violation of any
<br />order, writ, injunction, or decree by which Trustor is bound of any court,
<br />administrative agency, or governmental body.
<br />(d) Disclosure: No representation or warranty of Trustor in this Deed of Trust or
<br />any statement or certificate furnished or to be furnished by Trustor pursuant to
<br />this Deed of Trust or in connection with the transactions contemplated herein
<br />contains or shall contain any untrue, inaccurate, or misleading statement of
<br />material fact or omits to state a material fact necessary in order to make a
<br />statement contained therein not misleading.
<br />(e) Financial Information: The most recent annual financial statements of Trustor
<br />and the guarantor(s) delivered to Beneficiary during the loan application process
<br />at Beneficiary's request (the "Annual Financial Statements ") accurately present
<br />the financial condition of the person(s) referred to therein, as of the date(s)
<br />therein indicated and the results of operations of such person(s) for the period(s)
<br />then ended.
<br />(f) Litigation: No suits, actions, governmental investigations or inquiries,
<br />proceedings (including, without limitation, condemnation or eminent domain
<br />proceedings), or other litigation is pending or, to the best of Trustor's knowledge,
<br />proposed or threatened, against or affecting Trustor, the Subject Property, or the
<br />Collateral which, singularly or in the aggregate, if adversely determined, would
<br />materially inhibit or impair Trustor's ability to perform hereunder or reduce or
<br />restrict Trustor's interest in the Subject Property or the Collateral, and Trustor
<br />knows of no basis for any such litigation.
<br />(g) Loan Documents: All representations and warranties of Trustor contained in the
<br />Note, this Deed of Trust, the Assignment of Leases and Rents and the Hazardous
<br />Substances Certificate and Indemnity Agreement entered into by Trustor are true
<br />and accurate in all material respects to the extent not inconsistent with the
<br />representations and warranties of Trustor contained herein.
<br />(h) Subject Property: Neither the whole nor any portion of the Subject Property is
<br />subject to any pending condemnation, taking, or other similar proceeding by any
<br />public or private authority, and, to the best of Trustor's knowledge, no such
<br />condemnation or taking is threatened or contemplated with respect to the Subject
<br />Property. Trustor is unaware of and has not been notified of any plan, study, or
<br />effort by any governmental authority or agency which in any way affects or
<br />would affect the present use or zoning of the Subject Property nor any existing,
<br />proposed, or contemplated plan to widen, modify, or realign any street or
<br />highway adjoining the Subject Property. The Subject Property and the
<br />occupancy by or operation of the ( Trustor's) (Tenant's) business(es) at the
<br />Subject Property is not in violation of any law or any building, zoning, fire,
<br />health, or other ordinance, code, or regulation, and neither Trustor nor any
<br />Tenant has received any notice or request from any governmental authority,
<br />insurance company or board of fire underwriters alleging any such violation or
<br />requiring or calling attention to the need for any work, repairs, construction,
<br />alterations or installation on or in connection with the Subject Property which
<br />has not been heretofore complied with. There exist adequate rights of egress
<br />from and ingress to the Subject Property, and there is currently adequate access
<br />to all water, sewer, gas, electric, telephone, drainage, and other utility equipment
<br />and services required by law or necessary for the operation of the business(es)
<br />currently operated on the Subject Property, and, to the best of Trustor's
<br />knowledge, no fact, condition, or threatened or proposed action exists which
<br />would or could have the effect of diminishing such rights.
<br />(i) Environmental Matters: For purposes of this Deed of Trust, "Hazardous
<br />Substances" shall mean asbestos in a friable state or condition, non- contained
<br />polychlorinated biphenyls ( "PCBS "), petroleum or petroleum products, and any
<br />8
<br />
|