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200804918 delivery and performance of the, terms of this Deed of Trust or any other Loan Document. (g) Mortgagor is not, as of the date hereof, in default in the payment or performance of any of Mortgagor's obligations in connection with borrowed money or any other major obligation. (h) The Premises are free from any mechanics' or materialmen's lien or claims. There has been no labor or materials furnished to the Premises that has not been paid for in full. (i) Mortgagor has no notice, information or knowledge of any change contemplated in any applicable law, ordinance, regulation, or restriction, or any judicial, administrative, governmental or quasi-governmental action, or any action by adjacent land owners, or natural or artificial condition existing upon the Premises which would limit, restrict, or prevent the contemplated or intended use and purpose of the Premises. (j) There is no pending Condemnation (as defined in Section 5.2 hereof) or similar proceeding affecting the Premises, or any portion thereof, nor to the best knowledge of Mortgagor, is any such action being presently contemplated. (k) No part of the Premises is being used for agricultural purposes or being used for a personal residence by Mortgagor or any partner of Mortgagor. (1) The Premises are undamaged by fire, windstorm, or other casualty. (m) To the best of Mortgagor's knowledge after due inquiry, the Premises comply with all zoning ordinances, energy and environmental codes, building and use restrictions and codes, and any requirements with respect to licenses, permits and agreements necessary for the lawful use and operation of the Premises. (n) To the best of Mortgagor's knowledge after due inquiry, the heating, electrical, sanitary sewer plumbing, storm sewer plumbing, potable water plumbing and other building equipment, fixtures and fittings in the existing improvements on the Premises are in working order, are adequate in quantity and quality for normal and usual use, and are fit for the purposes intended and the use contemplated. (0) The Premises are covered by tax parcels which pertain to the Premises only and not to any property which is not subject to this Deed of Trust. (p) The Premises have frontage on, and direct access for ingress and egress to a publicly dedicated road. (q) Mortgagor has good and clear record and marketable title in fee to such of the Premises as is real property, subject to no liens, encumbrances or restrictions other than Permitted Encumbrances. 6 Doc# 2675364\2