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201005956
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Last modified
8/23/2010 4:01:30 PM
Creation date
8/23/2010 4:01:29 PM
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DEEDS
Inst Number
201005956
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201005956 <br />connection with the operation of the Property, free and clear of any and all security <br />interests, liens or encumbrances, except the lien and security interest created hereby. <br />(j) All liquid and solid waste disposal, septic and sewer systems <br />located on the Property are in a good and safe condition and repair and in compliance <br />with all Applicable Laws. <br />Section 5.7. SEPARATE TAX LOT. The Property is assessed for real estate <br />tax purposes as one or more wholly independent tax lot or lots, separate from any adjoining land <br />or improvements not constituting a part of such lot or lots, and no other land or improvements is <br />assessed and taxed together with the Property ar any portion thereof. <br />Section 5.8. LEASES. (a) Borrower is the sole owner of the entire lessor's interest <br />in the Leases; (b) the Leases are valid and enforceable; (c) none of the Rents reserved in the <br />Leases have been assigned or otherwise pledged or hypothecated; (d) none of the Rents have <br />been collected for more than one (1) month in advance; (e) except for any tenant improvement <br />work that is currently in process, the premises demised under the Leases have been completed <br />and the tenants under the Leases have accepted the same and have taken possession of the same <br />on arent-paying basis; and (g) to the best of Borrower's knowledge, there exist no offsets or <br />defenses to the payment of any portion of the Rents. <br />Section 5.9. DISCLOSURE. Borrower has disclosed to Lender all material facts <br />and has not failed to disclose any material fact that could cause any representation ar warranty <br />made herein to be materially misleading. <br />ARTICLE 6 -- INTENTIONALLY DELETED <br />ARTICLE 7 -FURTHER ASSURANCES <br />Section 7.1. RECORDING OF SECURITY INSTRUMENT, ETC. Borrower <br />forthwith upon the execution and delivery of this Security Instrument and thereafter, from time <br />to time, will cause this Security Instrument and any of the Other Security Documents creating a <br />lien or security interest ar evidencing the lien hereof upon the Property and each instrument of <br />further assurance to be filed, registered or recorded in such manner and in such places as <br />may be required by any present or future law in order to publish notice of and fully to protect <br />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 <br />expenses incident to the preparation, execution, acknowledgment or recording of the Loan <br />Agreement, the Note, this Security Instrument, the Other Security Documents, any note or <br />mortgage supplemental hereto, any security instrument with respect to the Property and <br />any instrument of further assurance, and any modification or amendment of the <br />foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, <br />assessments and charges arising out of or in connection with the execution and delivery of this <br />Security Instrument, any mortgage supplemental hereto, any security instrument with respect <br />to the Property or any instrument of further assurance, and any modification or amendment of <br />the foregoing documents, except where prohibited by law so to do. <br />7088330v3 11 <br />
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