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200507874
<br />(f) Separate Lot. The Premises are taxed separately without regard to any other real estate and
<br />constitute a legally subdivided lot under all applicable Legal Requirements (or, if not subdivided, no subdivision or
<br />platting of the Premises is required under applicable Legal Requirements), and for all purposes may be mortgaged,
<br />encumbered, conveyed or otherwise dealt with as an independent parcel. The Property does not benefit from any tax
<br />abatement or exemption.
<br />(g) Use. The existence of all Improvements, the present use and operation thereof and the access of
<br />the Premises and the Improvements to all of the utilities and other items referred to in paragraph (k) below are in
<br />compliance in all material respects with all Leases affecting the Property and all applicable Legal Requirements,
<br />including, without limitation, Environmental Statutes, Development Laws and Use Requirements. Borrower has not
<br />received any notice from any Governmental Authority alleging any uncured violation relating to the Property of any
<br />applicable Legal Requirements.
<br />(h) Licenses and Permits. Borrower currently holds and will continue to hold all certificates of
<br />occupancy, licenses, registrations, permits, consents, franchises and approvals of any Governmental Authority or
<br />any other Person which are material for the lawful occupancy and operation of the Realty or which are material to
<br />the ownership or operation of the Property or the conduct of Borrower's business. All such certificates of
<br />occupancy, licenses, registrations, permits, consents, franchises and approvals are current and in full force and
<br />effect.
<br />(i) Environmental Matters. Borrower has received and reviewed the Environmental Report and has
<br />no reason to believe that the Environmental Report contains any untrue statement of a material fact or omits to state
<br />a material fact necessary to make the statements contained therein or herein, in light of the circumstances under
<br />which such statements were made, not misleading.
<br />0) Property Proceedings. There are no actions, suits or proceedings pending or threatened in any
<br />court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of the
<br />Premises or any part thereof, (B) any certificates of occupancy, licenses, registrations, permits, consents or
<br />approvals issued with respect to the Property or any part thereof, (C) except as otherwise disclosed in writing to
<br />Lender, the condemnation of the Property or any part thereof, or (D) the condemnation or relocation of any
<br />roadways abutting the Premises required for access or the denial or limitation of access to the Premises or any part
<br />thereof from any point of access to the Premises, (ii) asserting that (A) any such zoning, certificates of occupancy,
<br />licenses, registrations, permits, consents and/or approvals do not permit the operation of any material portion of the
<br />Realty as presently being conducted, (B) any material improvements located on the Property or any part thereof
<br />cannot be located thereon or operated with their intended use or (C) the operation of the Property or any part thereof
<br />is in violation in any material respect of any Environmental Statutes, Development Laws or other Legal
<br />Requirements or Space Leases or Property Agreements or (iii) which might (A) affect the validity or priority of any
<br />Loan Document or (B) have a Material Adverse Effect. Borrower is not aware of any facts or circumstances which
<br />may give rise to any actions, suits or proceedings described in the preceding sentence.
<br />(k) Utilities. The Premises has all necessary legal access to water, gas and electrical supply, storm
<br />and sanitary sewerage facilities, other required public utilities (with respect to each of the aforementioned items, by
<br />means of either a direct connection to the source of such utilities or through connections available on publicly
<br />dedicated roadways directly abutting the Premises or through permanent insurable easements benefiting the
<br />Premises), fire and police protection, parking, and means of direct access between the Premises and public highways
<br />over recognized curb cuts (or such access to public highways is through private roadways which may be used for
<br />ingress and egress pursuant to permanent insurable easements).
<br />(1) Mechanics' Liens. The Property is free and clear of any mechanics' liens or liens in the nature
<br />thereof, and no rights are outstanding that under law could give rise to any such liens, any of which liens are or may
<br />be prior to, or equal with, the lien of this Security Instrument, except those which are insured against by the title
<br />insurance policy insuring the lien of this Security Instrument.
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