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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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200507874 <br />(m) Title Insurance. Lender has received a lender's title insurance policy insuring this Security <br />Instrument as a first lien on the Realty subject only to Permitted Encumbrances. <br />(n) Insurance. The Property is insured in accordance with the requirements set forth in Article III <br />hereof. <br />(o) Space Leases. <br />W Borrower has delivered a true, correct and complete schedule of all Space Leases as of <br />the date hereof, which accurately and completely sets forth in all material respects, for each such Space <br />Lease, the matters set forth therein (collectively, the "Rent Roll"), <br />(ii) Each Space Lease constitutes the legal, valid and binding obligation of Borrower and, to <br />the knowledge of Borrower, is enforceable against the tenant thereof. No default exists, or with the passing <br />of time or the giving of notice would exist, (A) under any Major Space Lease or (B) under any other Space <br />Leases which would, in the aggregate, have a Material Adverse Effect. <br />(iii) No tenant under any Space Lease has, as of the date hereof, paid Rent more than thirty <br />(30) days in advance except for Rent aggregating not more than five percent (5 %) of the Rent receivable <br />for such period, and the Rents under such Space Leases have not been waived, released, or otherwise <br />discharged or compromised. <br />(iv) All work to be performed by Borrower under the Space Leases has been substantially <br />performed, all contributions to be made by Borrower to the tenants thereunder have been made except for <br />any held -back amounts, and all other conditions precedent to each such tenant's obligations thereunder <br />have been satisfied. <br />(v) Except as previously disclosed to Lender in writing, there are no options to terminate any <br />Major Space Lease. <br />(vi) Each tenant under a Major Space Lease or such tenant's authorized subtenant is currently <br />occupying the space demised by such Major Space Lease. <br />(vii) Borrower has delivered to Lender true, correct and complete copies of all Major Space <br />Leases described in the Rent Roll. <br />(viii) Each Space Lease is in full force and effect and (except as disclosed on the Rent Roll) <br />has not been assigned, modified, supplemented or amended in any way. <br />(ix) Each tenant under each Major Space Lease is free from bankruptcy, reorganization or <br />arrangement proceedings or a general assignment for the benefit of creditors. <br />(x) No Space Lease provides any party with the right to obtain a lien or encumbrance upon <br />the Property superior to the lien of this Security Instrument. <br />(p) Property Agreements. <br />W Each Property Agreement other than the lease between Fee Owner and Lessee (which is <br />terminable upon the occurrence of an Event of Default) and Permitted Encumbrances is terminable with or <br />without cause on not less than thirty (30) days notice and is otherwise on commercially reasonable terms <br />and consistent with the Approved Manager Standard. <br />(ii) No Property Agreement provides any party with the right to obtain a lien or encumbrance <br />upon the Property superior to the lien of this Security Instrument. <br />30 <br />
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