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<br />ARTICLE 4 - OBLIGATIONS AND RELIANCES
<br />Section 4.1 Relationship of Borrower and Lender. The relationship between
<br />Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other
<br />special relationship with Borrower, and no term or condition of the Loan Agreement, the Note,
<br />this Security Instrument and the other Loan Documents shall be construed so as to deem the
<br />relationship between Borrower and Lender to be other than that of debtor and creditor.
<br />Section 4.2 No Reliance on Lender. Borrower is not relying on Lender's
<br />expertise, business acumen or advice in connection with the Property.
<br />Section 4.3 No Lender Obligations. (a) Notwithstanding the provisions of
<br />Subsections 1.1 h and (rl ) or Section 1.2, Lender is not undertaking the performance of (i) any
<br />obligations under the Leases or (ii) any obligations with respect to such agreements, contracts,
<br />certificates, instruments, franchises, permits, trademarks, licenses and other documents.
<br />(b) By accepting or approving anything required to be observed, performed or
<br />fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the
<br />Note or the other Loan Documents, including, without limitation, any Officer's Certificate,
<br />balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or
<br />Policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency,
<br />the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute
<br />any warranty or affirmation with respect thereto by Lender.
<br />Section 4.4 Reliance. Borrower recognizes and acknowledges that in
<br />accepting the Loan Agreement, the Note, this Security Instrument and the other Loan
<br />Documents, Lender is expressly and primarily relying on the truth and accuracy of the warranties
<br />and representations set forth in Section 4.1 of the Loan Agreement without any obligation to
<br />investigate the Property and notwithstanding any investigation of the Property by Lender; that
<br />such reliance existed on the part of Lender prior to the date hereof, that the warranties and
<br />representations are a material inducement to Lender in making the Loan; and that Lender would
<br />not be willing to make the Loan and accept this Security Instrument in the absence of the
<br />warranties and representations as set forth in Section 4.1 of the Loan Agreement.
<br />ARTICLE 5 - FURTHER ASSURANCES
<br />Section 5.1 Recording of -Security Instrument, etc. Borrower forthwith upon
<br />the execution and delivery of this Security Instrument and thereafter, from time to time, will
<br />cooperate with Lender to cause this Security Instrument and any of the other Loan Documents
<br />creating a Lien or security interest or evidencing the Lien hereof upon the Property and each
<br />instrument of further assurance to be filed, registered or recorded in such manner and in such
<br />places as may be required by any present or future law in order to publish notice of and fully to
<br />protect and perfect the Lien or security interest hereof upon, and the interest of Lender in, the
<br />Property. Borrower will pay all taxes, filing, registration or recording fees, and all reasonable
<br />expenses incident to the preparation, execution, acknowledgment and /or recording of the Note,
<br />this Security Instrument, the other Loan Documents, any note, deed of trust or mortgage
<br />supplemental hereto, any security instrument with respect to the Property and any instrument of
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