GROUND EASEMENTS, IMPROVEMENTS, APPURTENANCES,
UTILITIES, RIGHTS-OF-WAY, WATER RIGHTS AND INGRESS AND
62
EGRESS, BY REFERENCE TO BOOK AND PAGE NUMBERS AND/OR FILED MAP REFERENCE.
ON OR
BEFORE THE RESTATEMENT EFFECTIVE DATE, ALL OTHER SURVEY REQUIREMENTS OF TITLE
INSURANCE COMPANY FOR THE ISSUANCE OF THE TITLE POLICY ENDORSEMENTS.
SECTION 3.09.
PAYMENT OF TAXES.
EVIDENCE SATISFACTORY TO AGENT BANK
THAT ALL PAST AND CURRENT REAL AND PERSONAL PROPERTY TAXES AND ASSESSMENTS WHICH
ARE PRESENTLY DUE AND PAYABLE APPLICABLE TO THE REAL PROPERTY HAVE BEEN PAID IN
FULL.
SECTION 3.10.
INSURANCE.
COPIES OF DECLARATION PAGES OF EACH INSURANCE
POLICY, CERTIFIED TO BE TRUE AND CORRECT IN ALL RESPECTS BY AN AUTHORIZED
OFFICER OF BORROWER, TOGETHER WITH ORIGINAL BINDERS EVIDENCING BORROWER AS THE
NAMED INSURED, AND ORIGINAL CERTIFICATES OF INSURANCE, LOSS PAYEE AND MORTGAGEE
ENDORSEMENTS NAMING AGENT BANK AS MORTGAGEE, LOSS PAYEE AND ADDITIONAL INSURED
AS REQUIRED BY THE INSURANCE PROVISIONS SET FORTH IN SECTION 5.09 OF THIS CREDIT
AGREEMENT.
SECTION 3.11.
PAYMENT OF FEES AND EXISTING BANK LOAN.
PAYMENT BY
BORROWER TO AGENT BANK OF THE FEES TO THE EXTENT THEN DUE AND PAYABLE ON THE
RESTATEMENT EFFECTIVE DATE AS PROVIDED IN SECTION 2.10(A) HEREINABOVE.
THE
EXISTING LENDERS SHALL BE FULLY REIMBURSED FOR THEIR RESPECTIVE PRO RATA SHARES
OF ALL LOANS, ADVANCES, ACCRUED INTEREST, FEES AND OTHER OBLIGATIONS OUTSTANDING
UNDER THE EXISTING BANK LOAN AS OF THE RESTATEMENT EFFECTIVE DATE.
SECTION 3.12.
REIMBURSEMENT FOR EXPENSES AND FEES.
REIMBURSEMENT BY
BORROWER FOR ALL REASONABLE FEES AND OUT-OF-POCKET EXPENSES INCURRED BY AGENT
BANK IN CONNECTION WITH THE CREDIT FACILITY, INCLUDING, BUT NOT LIMITED TO,
ESCROW CHARGES, TITLE INSURANCE PREMIUMS, ENVIRONMENTAL EXAMINATIONS, RECORDING
FEES, APPRAISAL FEES, REASONABLE ATTORNEY'S FEES OF HENDERSON & MORGAN, LLC AND
INSURANCE CONSULTANT FEES, AND ALL OTHER LIKE FEES AND EXPENSES REMAINING UNPAID
AS OF THE RESTATEMENT EFFECTIVE DATE TO THE EXTENT THEN DUE AND PAYABLE ON THE
RESTATEMENT EFFECTIVE DATE, PROVIDED THAT THE AMOUNT THEN INVOICED SHALL NOT
THEREAFTER PRECLUDE BORROWER'S OBLIGATION TO PAY SUCH COSTS AND EXPENSES
RELATING TO THE CLOSING OF THE CREDIT FACILITY FOLLOWING THE RESTATEMENT
EFFECTIVE DATE OR TO REIMBURSE AGENT BANK FOR THE PAYMENT THEREOF.
SECTION 3.13.
SCHEDULES OF SPACELEASES AND EQUIPMENT LEASES AND
CONTRACTS.
THE SCHEDULES OF SPACELEASES (SCHEDULE 4.15) AND EQUIPMENT LEASES
AND CONTRACTS (SCHEDULE 4.16) IN EACH INSTANCE SETTING FORTH THE NAME OF THE
OTHER PARTY THERETO, A BRIEF DESCRIPTION OF EACH SPACELEASE, EQUIPMENT LEASE AND
CONTRACT AND THE COMMENCEMENT AND ENDING DATE THEREOF.
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SECTION 3.14.
PHASE I ENVIRONMENTAL SITE ASSESSMENTS.
(A)
AN ENVIRONMENTAL RISK DISCLOSURE QUESTIONNAIRE IN THE STANDARD FORM
CURRENTLY USED BY WFB WITH RESPECT TO REAL ESTATE SECURED LOANS FULLY COMPLETED
BY BORROWER AND DELIVERED TO AGENT BANK.
(B)
BORROWER HEREBY CONFIRMS THE REPRESENTATIONS CONTAINED IN
SECTIONS 2.1 AND 2.2 OF THE ENVIRONMENTAL CERTIFICATE ARE TRUE AND CORRECT IN
ALL RESPECTS, EXCEPT WITH RESPECT TO THE MATTERS DISCLOSED ON THE SCHEDULE OF
SIGNIFICANT LITIGATION.
(C)
AGENT BANK SHALL HAVE RECEIVED EVIDENCE OF FLOOD INSURANCE COVERAGE
FOR ALL PORTIONS OF THE REAL PROPERTY THAT ARE LOCATED IN: (I) AN AREA