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2oioooi5i continued use and enjoyment of the Improvements as presently used and enjoyed are located in the public right-of way abutting the Premises, and all such utilities are connected so as to serve the Premises without passing aver other property, or perpetual access easements far such utility purposes are appurtenant rights to the Premises; and (iii) all roads necessary for the full utilization of the Improvements for their current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subjects of access easements for the benefit of the Premises. (g) To the best of Borrower's knowledge and except as disclosed. in the Lender's title insurance policy, there are currently no pending or, to the knowledge of Borrower, proposed special or other assessments for public improvements or otherwise affecting the Premises which are not the obligation of Lessee under the Lease. (h) To the best of Borrower's knowledge and except as shown in the survey or site plan delivered to Lender, the Improvements are not located in a flood hazard area as defined by the Federal Insurance Administration. (i) Na statement of fact made by Borrower in the Loan Documents contains any untrue statement of material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no fact presently known to Borrower which has not been disclosed which materially and adversely affects, nor as far as Borrower can foresee, might materially and adversely affect the business, operations or condition (financial or otherwise) of Borrower. (j) Borrower, and to the best of Borrower's knowledge, each Person owning directly or indirectly an interest in (i) Borrower or (ii) HVSL Holdings, LLC ("Guarantor"): (A) is not currently identified on the OFAC List, (B) is not a Person with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, ar other prohibition of any applicable legal requirement, and (C) is not in violation of Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 and relating to Blocking Property and Prohibiting Transactions With Persons Wha Commit, Threaten to Commit, or Support Terrorism and. the Uniting and Strengthening America by Providing Appropriate Tools Required in Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56). "OFAC List" as used herein means the list of specially designated nationals and blocked persons subject to financial sanctions that is maintained by the U.S. Treasury Department, Office of Foreign Assets Control and any other similar list maintained by the U.S. Treasury Department, Office of Foreign Assets Control pursuant to any applicable legal requirement (ar if such list does not exist, the similar list then being maintained by the United States), including, without limitation, trade embargo, economic sanctions, or other prohibitions imposed by Executive Order of the President of the United States. The OFAC List currently is accessible through the Internet website at www.treas.gov/ofac/tl lsdn.pdf. -8- 15445229.4.SUSCN 1~SS