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<br />200600862
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<br />respect to Borrower has been initiated, and (ii) Borrower has received reasonably equivalent value for the
<br />granting of this Security Instrument.
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<br />(b) No petition in bankruptcy has been filed by or against Borrower, any Guarantor, any Indemnitor or
<br />any related entity, or any principal, general partner or member thereof, in the last seven (7) years, and neither Borrower,
<br />any Guarantor, any Indemnitor nor any related entity, or any principal, general partner or member thereof, in the last
<br />seven (7) years has ever made any assignment for the benefit of creditors or taken advantage of any Creditors Rights
<br />Laws.
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<br />Section 5.10. HUSINESS PURPOSE-.S. The loan evidenced by the Note secured by the Security Instrument and
<br />the Other Security Documents (the "Loan") is solely for the business purpose of Borrower, and is not for personal, family,
<br />household, or agricultural purposes.
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<br />Section 5.11. TAXES. Borrower, any Guarantor and any Indemnitor have filed all federal, state, county,
<br />municipal, and city income, personal property and other tax returns required to have been filed by them and have paid all
<br />taxes and related liabilities which have become due pursuant to such returns or pursuant to any assessments received by
<br />them. Neither Borrower, any Guarantor nor any Indemnitor knows of any basis for any additional assessment in respect
<br />of any such taxes and related liabilities for prior years.
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<br />Section 5.12. MAILING ADDRESS. Borrower's mailing address, as set forth in the opening paragraph hereof
<br />or as changed in accordance with the provisions hereof, is true and correct.
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<br />Section 5.13. NO CHANGE IN FACTS OR CIRCUMSTANCES. All information in the application for the
<br />Loan submitted to Lender and in all financial statements, rent rolls, reports, certificates and other documents submitted in
<br />connection with the application or in satisfaction of the terms thereof, are accurate, complete and correct in all respects.
<br />There has been no adverse change in any condition, fact, circumstance or event that would make any such information
<br />inaccurate, incomplete or otherwise misleading.
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<br />Section 5.14. DISCLOSURE. Borrower has disclosed to Lender all material facts and has not failed to disclose
<br />any material fact that could cause any representation or warranty made herein to be materially misleading.
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<br />Section 5.15. THIRD PARTY REPRESENTATIONS. Each of the representations and the warranties made by
<br />each Guarantor and Indemnitor in any Other Security Document(s) is true and correct in all material respects.
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<br />Section 5.16. ILLEGAL ACTIVITY. No portion of the Property has been or will be purchased, improved,
<br />equipped or furnished with proceeds of any illegal activity and to the best of Borrower's knowledge, there are no illegal
<br />activities or activities relating to controlled substances at the Property.
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<br />Section 5.17. PERMITTED EXCEPTIONS. None of the Permitted Exceptions, individually or in the aggregate,
<br />materially interfere with the benefits of the security intended to be provided by the Security Instrument, the Note, and the
<br />Other Security Documents, materially and adversely affect the value of the Property, impair the use or the operation of the
<br />Property or impair Borrower's ability to pay its obligations in a timely manner.
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<br />Section 5.18. PRINCIPAL PLACE OF BllSINESS. Borrower's principal place of business is as of the date
<br />hereof the address set forth in the opening paragraph of this Security Instrument.
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<br />Section 5.19. PROPERTY USE. The Property shall continue to be used in accordance with its present use, and
<br />for no other use without the prior written consent of Lender.
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<br />ARTICLE 6. - OBLIGATIONS AND RELIANCE
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<br />Section 6.1. RELATIONSHIP OF l;30RROWER AND LENDER. The relationship between Borrower and
<br />Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and
<br />no term or condition of any of the Note, this Security Instrument and the Other Security Documents shall be construed so
<br />as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
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<br />Section 6.2. NO RELIANCE. The members, general partners, principals and (if Borrower is a trust) beneficial
<br />owners of Borrower are experienced in the ownership and operation of properties similar to the Property, and Borrower
<br />and Lender are relying solely upon such expertise in connection with the ownership and operation of the Property.
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