OR ANY PART THEREOF, (C) THE CONDEMNATION OF A PROJECT OR ANY PART THEREOF, OR
(D) THE CONDEMNATION OR RELOCATION OF ANY ROADWAYS ABUTTING A PROJECT REQUIRED
FOR ACCESS OR THE DENIAL OR LIMITATION OF ACCESS TO A PROJECT OR ANY PART
THEREOF FROM ANY POINT OF ACCESS TO SUCH PROJECT, (II) ASSERTING THAT (A) ANY
SUCH ZONING, CERTIFICATES OF OCCUPANCY, LICENSES, REGISTRATIONS, PERMITS,
CONSENTS AND/OR APPROVALS DO NOT PERMIT THE OPERATION OF ANY MATERIAL PORTION OF
A PROJECT AS PRESENTLY BEING CONDUCTED, (B) ANY MATERIAL IMPROVEMENTS LOCATED ON
A PROJECT OR ANY PART THEREOF CANNOT BE LOCATED THEREON OR OPERATED WITH THEIR
INTENDED USE OR (C) THE OPERATION OF ANY PROJECT OR ANY PART THEREOF IS IN
VIOLATION IN ANY MATERIAL RESPECT OF ANY ENVIRONMENTAL STATUTES, DEVELOPMENT
LAWS OR OTHER LEGAL REQUIREMENTS OR SPACE LEASES OR PROPERTY AGREEMENTS OR
(III) WHICH MIGHT (A) AFFECT THE VALIDITY OR PRIORITY OF ANY LOAN DOCUMENT OR
(B) HAVE A MATERIAL ADVERSE EFFECT. BORROWER IS NOT AWARE OF ANY FACTS OR
CIRCUMSTANCES WHICH MAY GIVE RISE TO ANY ACTIONS, SUITS OR PROCEEDINGS DESCRIBED
IN THE PRECEDING SENTENCE.
(K)
UTILITIES. EACH PROJECT HAS ALL NECESSARY LEGAL ACCESS TO WATER,
GAS AND ELECTRICAL SUPPLY, STORM AND SANITARY SEWERAGE FACILITIES, OTHER
REQUIRED PUBLIC UTILITIES (WITH RESPECT TO EACH OF THE AFOREMENTIONED ITEMS, BY
MEANS OF EITHER A DIRECT CONNECTION TO THE SOURCE OF SUCH UTILITIES OR THROUGH
CONNECTIONS AVAILABLE ON PUBLICLY DEDICATED ROADWAYS DIRECTLY ABUTTING SUCH
PROJECT OR THROUGH PERMANENT INSURABLE EASEMENTS BENEFITING SUCH PROJECT), FIRE
AND POLICE PROTECTION, PARKING, AND MEANS OF DIRECT ACCESS BETWEEN SUCH PROJECT
AND PUBLIC HIGHWAYS OVER RECOGNIZED CURB CUTS (OR SUCH ACCESS TO PUBLIC HIGHWAYS
IS THROUGH PRIVATE ROADWAYS WHICH MAY BE USED FOR INGRESS AND EGRESS PURSUANT TO
PERMANENT INSURABLE EASEMENTS).
(L)
MECHANICS' LIENS. EXCEPT AS SET FORTH IN THE TITLE POLICIES
ISSUED TO LENDER ON THE DATE HEREOF DESCRIBED IN SUBSECTION (M) BELOW, EACH
PROJECT IS FREE AND CLEAR OF ANY MECHANICS' LIENS OR LIENS IN THE NATURE
THEREOF, AND NO RIGHTS ARE OUTSTANDING THAT UNDER LAW COULD GIVE RISE TO ANY
SUCH LIENS, ANY OF WHICH LIENS ARE OR MAY BE PRIOR TO, OR EQUAL WITH, THE LIEN
OF THE APPLICABLE MORTGAGE, EXCEPT THOSE WHICH ARE INSURED AGAINST BY THE TITLE
INSURANCE POLICY INSURING THE LIEN OF SUCH MORTGAGE.
(M)
TITLE INSURANCE. LENDER HAS RECEIVED LENDERS' TITLE INSURANCE
POLICIES INSURING THE MORTGAGES AS FIRST LIENS ON THE PROJECTS, SUBJECT ONLY TO
PERMITTED ENCUMBRANCES.
(N)
INSURANCE. THE PROJECTS ARE INSURED IN ACCORDANCE WITH THE
REQUIREMENTS SET FORTH IN ARTICLE III HEREOF.
(O)
SPACE LEASES.
(I)
BORROWER HAS DELIVERED A TRUE, CORRECT AND COMPLETE SCHEDULE OF
ALL SPACE LEASES AS OF THE DATE HEREOF, WHICH ACCURATELY AND COMPLETELY SETS
FORTH IN ALL MATERIAL RESPECTS, FOR EACH SUCH SPACE LEASE, THE FOLLOWING
(COLLECTIVELY, THE "RENT ROLL"):
THE NAME AND ADDRESS OF THE TENANT; THE LEASE
EXPIRATION DATE, EXTENSION AND RENEWAL PROVISIONS; THE BASE RENT AND PERCENTAGE
RENT PAYABLE; ALL ADDITIONAL RENT AND PASS THROUGH OBLIGATIONS; AND THE SECURITY
DEPOSIT HELD