|
�.9,�,;. .
<br /> . .�,
<br /> ' �"... � � ,..,� .. .
<br /> ..�..,. ,� � „ •� • ., j - . ,,_
<br /> _. :.. _. _ ----...-- ------..�.,_. . _ • . _ . _.. . _ . _ - - - --�-
<br /> --- �--- . .. . _...
<br /> .. „ . ..
<br /> . , " . , . .:�� --
<br /> , � .t�-�.�-_
<br /> . . , ., , ' ., ..,a.��o,� ,
<br /> t .
<br /> �
<br /> � , .
<br /> . .� �?'" 10i460
<br /> . �"',�. ,�.. (b) T'he Management Agreement constitutes the legal, valid and
<br /> � binding obligation of Ivlana�er, enforceable against Manager in accordance with its
<br /> terms, subject to�eaeral principles of equity and laws affecting the rights and
<br /> remedies of debtors and creditors generally. Manager has f.ull authority under all
<br /> ' ap�liGable state and local laws and regulations to perform all of its obligations �` ;",
<br /> � � . � under the Management Agreement.
<br /> ° � � (c) To the best of Manager's knowledge,Chvner is not in default in the J,;F�_�'
<br /> - ' performance of the terms and provisions of the Management Agreement, nor is ;�,�.,--_
<br /> � there now any condition which, with the giving of notice or lapse of time, or both, ��,.�-.
<br /> �L could become a default.
<br /> •.4.5�,�,�,.;
<br /> ::� (d) To the best of Manager's knowledge,Manager is not in default -___
<br /> � ;.o,,<<
<br /> under any of the terms and provisions of the Management Agreem�nt, nor is ,_,,,_;,
<br /> �, there naw any condition which, with the giving of notice or lapse of time, or both, ��� -:
<br /> �: could become a default. No claim or dispute exists between Owner and Manager �M1_ .
<br /> with respect to the Management Agreement. ;-
<br /> '�_ �
<br /> (e) ivianager doG�►iu�i�a�� a n y a g tic n a r g r P f e r�*�r i a l r i g h t t o purchase �
<br /> " all or any part of, and does not h der the IVganat ement lAgreem nt respect to the
<br /> , • Facility other than as manager un g
<br /> :e:y�y�y. . _.
<br /> � � To the best of NYanager's knowledge, all Permits required by
<br /> r�T_..`�� applicable law or necessar�for the use and aperatidn of the Facility as currently
<br />'�.'-�•�� operated have been obtained and such Permita arc in full force and effect.
<br /> �.
<br />,.��;::.. . :
<br /> _ �.,a
<br /> = (g) 'Tha Manages has nat assigned or encumbsred its interest under t �
<br /> x�:Rti --
<br /> ____�= Management Agreement.
<br /> _-,.�_��-�
<br /> ��°�'�' 3.Iiiiana¢er's Covemants, For so long as the Facility is encumbered by t e
<br /> � c���' Martgage, Manager hereby consents and agrees to each and every one of the following
<br /> - ��`���' covenants and agreements for ths benefit of Lender: _
<br /> n �,� =
<br /> _-�„_�
<br /> �. .�ne:.:�na --,.
<br /> _�,�,;;�� (a) Pto Termination of M na aeeme�nt�eN**�s:ut• Transf-�- of^�,
<br /> —' --- Acciounts. Manager will not tcrminate the Management Agreement without �irst
<br /> _��"°�� providing Lemder, at the same time it provides natice to Owner,with copies of all
<br /> -.�.�-::�-
<br /> -_
<br />
|