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201005956 Section 5.5. LITIGATION. There is no action, suit or proceeding, or any governmental investigation or any arbitration, in each case pending or, to the knowledge of Borrower, threatened against Barrower ar the Property before any governmental or administrative body, agency or official which (a) challenges the validity of this Security Instrument, the Loan Agreement, the Note or any of the Other Security Documents or the authority of Barrower to enter into this Security Instrument, the Note or any of the Other Security Documents or to perform the transactions contemplated hereby or thereby or (b) if adversely determined would have a material adverse effect on the occupancy of the Property or the business, financial condition or results of operations of Borrower ar the Property. Section 5.6. STATUS OF PROPERTY. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Borrower has obtained and will maintain the insurance required by Lender. (b) To the best of Borrower's knowledge, Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (c) To the best of Borrower's knowledge, the Property and the present and contemplated use and occupancy thereof are in compliance in all material respects with all applicable zoning ordinances, building codes, land use and environmental laws and other similar laws. (d) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (e) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open far use by the public. (f) The Property is served by public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. (h) A11 costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements have been paid in full or will be paid in full in a timely manner. (i) Borrower has paid in full or will pay in full in a timely manner for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in 7088330v3 1 Q