OF PROFIT AND
LOSS OR OTHER FINANCIAL STATEMENT, SURVEY, APPRAISAL, OR INSURANCE POLICY,
LENDER SHALL NOT BE DEEMED TO HAVE WARRANTED, CONSENTED TO, OR AFFIRMED THE
SUFFICIENCY, THE LEGALITY OR EFFECTIVENESS OF SAME, AND SUCH ACCEPTANCE OR
APPROVAL THEREOF SHALL NOT CONSTITUTE ANY WARRANTY OR AFFIRMATION WITH RESPECT
THERETO BY LENDER.
SECTION 4.4.
RELIANCE. BORROWER RECOGNIZES AND ACKNOWLEDGES THAT IN
ACCEPTING THE LOAN AGREEMENT, THE NOTE, THIS MORTGAGE AND THE OTHER LOAN
DOCUMENTS, LENDER IS EXPRESSLY AND PRIMARILY RELYING ON THE TRUTH AND ACCURACY
OF THE WARRANTIES AND REPRESENTATIONS SET FORTH IN SECTION 4.1 OF THE LOAN
AGREEMENT WITHOUT ANY OBLIGATION TO INVESTIGATE THE PROPERTY AND NOTWITHSTANDING
ANY INVESTIGATION OF THE PROPERTY BY LENDER; THAT SUCH RELIANCE EXISTED ON THE
PART OF LENDER PRIOR TO THE DATE HEREOF, THAT THE WARRANTIES AND REPRESENTATIONS
ARE A MATERIAL INDUCEMENT TO LENDER IN MAKING THE LOAN; AND THAT LENDER WOULD
NOT BE WILLING TO MAKE THE LOAN AND ACCEPT THIS MORTGAGE IN THE ABSENCE OF THE
WARRANTIES AND REPRESENTATIONS AS SET FORTH IN SECTION 4.1 OF THE LOAN
AGREEMENT.
ARTICLE 5
FURTHER ASSURANCES
SECTION 5.1.
RECORDING OF MORTGAGE, ETC. BORROWER FORTHWITH UPON THE
EXECUTION AND DELIVERY OF THIS MORTGAGE AND THEREAFTER, FROM TIME TO TIME, WILL
CAUSE THIS MORTGAGE AND ANY OF THE OTHER LOAN DOCUMENTS CREATING A LIEN OR
SECURITY INTEREST OR EVIDENCING THE LIEN HEREOF UPON THE PROPERTY AND EACH
INSTRUMENT OF FURTHER ASSURANCE TO BE FILED, REGISTERED OR RECORDED IN SUCH
MANNER AND IN SUCH PLACES AS MAY BE REQUIRED BY ANY PRESENT OR FUTURE LAW IN
ORDER TO PUBLISH NOTICE OF AND FULLY TO PROTECT AND PERFECT THE LIEN OR SECURITY
INTEREST HEREOF UPON, AND THE INTEREST OF LENDER IN, THE PROPERTY. BORROWER WILL
PAY ALL TAXES, FILING, REGISTRATION OR RECORDING FEES, AND ALL EXPENSES INCIDENT
TO THE PREPARATION, EXECUTION, ACKNOWLEDGMENT AND/OR RECORDING OF THE NOTE, THIS
MORTGAGE, THE OTHER LOAN DOCUMENTS, ANY NOTE, DEED OF TRUST OR MORTGAGE
SUPPLEMENTAL HERETO, ANY SECURITY INSTRUMENT WITH RESPECT TO THE PROPERTY AND
ANY INSTRUMENT OF FURTHER ASSURANCE, AND ANY MODIFICATION OR AMENDMENT OF THE
FOREGOING DOCUMENTS,
11
AND ALL FEDERAL, STATE, COUNTY AND MUNICIPAL TAXES, DUTIES, IMPOSTS, ASSESSMENTS
AND CHARGES ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION AND DELIVERY OF
THIS MORTGAGE, ANY DEED OF TRUST OR MORTGAGE SUPPLEMENTAL HERETO, ANY SECURITY
INSTRUMENT WITH RESPECT TO THE PROPERTY OR ANY INSTRUMENT OF FURTHER ASSURANCE,
AND ANY MODIFICATION OR AMENDMENT OF THE FOREGOING DOCUMENTS, EXCEPT WHERE
PROHIBITED BY LAW SO TO DO.
SECTION 5.2.
FURTHER ACTS, ETC. BORROWER WILL, AT THE COST OF
BORROWER, AND WITHOUT EXPENSE TO LENDER, DO, EXECUTE, ACKNOWLEDGE AND DELIVER
ALL AND EVERY SUCH FURTHER ACTS, DEEDS, CONVEYANCES, DEEDS OF TRUST, MORTGAGES,
ASSIGNMENTS, NOTICES OF ASSIGNMENTS, TRANSFERS AND ASSURANCES AS LENDER SHALL,
FROM TIME TO TIME, REASONABLY REQUIRE, FOR THE BETTER ASSURING, CONVEYING,
ASSIGNING, TRANSFERRING, AND CONFIRMING UNTO LENDER THE PROPERTY AND RIGHTS
HEREBY MORTGAGED, DEEDED, GRANTED, BARGAINED, SOLD, CONVEYED, CONFIRMED,
PLEDGED, ASSIGNED, WARRANTED AND TRANSFERRED OR INTENDED NOW OR HEREAFTER SO TO
BE, OR