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<br />ARTICLE 4. - SPECIAL COVENANTS
<br />Intentionally Deleted.
<br />ARTICLE 5. - REPRESENTATIONS AND WARRANTIES
<br />Borrower represents and warrants to Lender that:
<br />Section 5.1. WARRANTY OF TITLE. Borrower has good and marketable title to the Property and has the right
<br />to mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey the same and that Borrower is seized of an
<br />unencumbered fee simple absolute estate in the Land and the Improvements and that it owns the Property free and clear of
<br />all liens, encumbrances and charges whatsoever except for (]lose exceptions shown in the title insurance policy insuring
<br />the lien of this Security Instrument (the "Permitted Exceptions "). Borrower shall forever warrant, defend and preserve the
<br />title and the validity and priority of the lien of this Security Instrument and shall forever warrant and defend the same to
<br />Lender against the claims of all persons whomsoever.
<br />Section 5.2. LEGAL STATUS AND AUTHORITY. Borrower (a) is duly organized, validly existing and in
<br />good standing under the laws of its state of organization or incorporation; (b) is duly qualified to transact business and is
<br />in good standing in the state where the Property is located; and (c) has all necessary approvals, governmental and
<br />otherwise, and full power and authority to own, operate and lease the Property. Borrower (and the undersigned
<br />representative of Borrower, if any) has full power, authority and legal right to execute this Security Instrument, and to
<br />mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey the Property pursuant to the terms hereof and
<br />to keep and observe all of the terms of this Security Instrument. on Borrower's part to be performed.
<br />Section 5.3. VALIDITY OF DOCUMENTS. The execution, delivery and performance of the Note, this
<br />Security Instrument and the Other Security Documents and the borrowing evidenced by the Note (i) are within the power
<br />and authority of Borrower; (ii) have been authorized by all requisite organizational action; (iii) have received all
<br />necessary approvals and consents, corporate, governmental or otherwise; (iv) will not violate, conflict with, result in a
<br />breach of or constitute (with notice or lapse of time, or both) a material default under any provision of law, any order or
<br />judgment of any court or governmental authority, the articles of incorporation, by -laws, partnership or trust agreement,
<br />articles of organization, operating agreement, or other governing instrument of Borrower, or any indenture, agreement or
<br />other instrument to which Borrower is a party or by which it or any of its assets or the Property is or may be bound or
<br />affected; (v) will not result in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of its
<br />assets, except the lien and security interest created hereby; and (vi) will not require any authorization or license from, or
<br />any filing with, any governmental or other body (except for the recordation of this Security Instrument in appropriate land
<br />records in the State where the Property is located and except for Uniform Commercial Code filings relating to the security
<br />interest created hereby), and (b) to the best of Borrower's knowledge, the Note, this Security Instrument and the Other
<br />Security Documents constitute the legal, valid and binding obligations of Borrower, enforceable in accordance with their
<br />terms.
<br />Section 5.4. LITIGATION. There is no action, suit or proceeding, judicial, administrative or otherwise
<br />(including any condemnation or similar proceeding), pending or, to the best of Borrower's knowledge, threatened or
<br />contemplated against Borrower, a Guarantor, il' arty, an indcnuitor, if any, or against or affecting the Property that has not
<br />been disclosed to Lender by Borrower in writing and as determined by Lender in its sole and absolute discretion (a) has a
<br />material, adverse affect on the Property or Borrower's, any Guarantor's or any Indemnitor's ability to perform its
<br />obligations under the Note, this Security Instrument or the Other Security Documents, or (b) is not adequately covered by
<br />insurance.
<br />Section 5.5. STATUS OF PROPERTY.
<br />(a) Borrower has obtained Al necessary certificates, licenses and other approvals, governmental and
<br />otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building
<br />code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date
<br />hereof and not subject to revocation, suspension, forfeiture or modification.
<br />(b) The Property and the present and contemplated use and occupancy thereof are in full compliance
<br />with all applicable zoning ordinances, building. codes d use laws, E it nmental Laws and other similar laws.
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