LENDER, UPON REQUEST, A
COPY OF BORROWER'S AND GUARANTOR'S FEDERAL TAX RETURN.
BUSINESS LOAN AGREEMENT
Loan No: 9001
(Continued)
Page 5
CASH FLOW COVERAGE. 13235 CORTEZ BLVD., WEEKI WACHI, FL 34613 SHALL MAINTAIN A
RATIO OF ANNUAL NET OPERATING INCOME BEFORE INTEREST EXPENSE, INCOME TAXES AND
DEPRECIATION/AMORTIZATION (EBITDA) (THE "NUMERATOR") GREATER THAN OR EQUAL TO
1.20 TIMES AGGREGATE ANNUAL DEBT SERVICE INCLUDING ZIONS LOAN PAYMENTS ON THE
SUBJECT BUILDING (THE "DENOMINATOR"). MEASURED ANNUALLY BASED UPON FISCAL YEAR
END FINANCIAL STATEMENT. MONITORING TO BEGIN DECEMBER 31, 2008.
ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES. BORROWER REPRESENTS AND WARRANTS
THAT, EXCEPT AS LENDER HAS OTHERWISE PREVIOUSLY BEEN ADVISED BY BORROWER THROUGH
THE ENVIRONMENTAL SENSITIVITY QUESTIONNAIRE, NO HAZARDOUS MATERIALS ARE NOW
LOCATED ON, IN OR UNDER THE PROPERTY, NOR IS THERE ANY ENVIRONMENTAL CONDITION
ON, IN OR UNDER THE PROPERTY AND NEITHER BORROWER NOR, TO BORROWER'S KNOWLEDGE,
AFTER DUE INQUIRY AND INVESTIGATION, ANY OTHER PERSON HAS EVER CAUSED OR
PERMITTED ANY HAZARDOUS MATERIALS TO BE PLACED, HELD, USED, STORED, RELEASED,
GENERATED, LOCATED OR DISPOSED OF ON, IN OR UNDER THE PROPERTY, OR ANY PART
THEREOF, NOR CAUSED OR ALLOWED AN ENVIRONMENTAL CONDITION TO EXIST ON, IN OR
UNDER THE PROPERTY. BORROWER FURTHER REPRESENTS AND WARRANTS THAT NO
INVESTIGATION, ADMINISTRATIVE ORDER, CONSENT ORDER AND AGREEMENT, LITIGATION, OR
SETTLEMENT WITH RESPECT TO HAZARDOUS MATERIALS IS PROPOSED, THREATENED,
ANTICIPATED, OR IN EXISTENCE WITH RESPECT TO THE PROPERTY.
HAZARDOUS MATERIALS. BORROWER SHALL NOT PERMIT THE PRESENCE, USE, DISPOSAL,
STORAGE OR RELEASE OF ANY HAZARDOUS MATERIALS ON, IN OR UNDER THE PROPERTY,
EXCEPT IN THE ORDINARY COURSE OF BORROWER'S BUSINESS UNDER CONDITIONS THAT ARE
GENERALLY RECOGNIZED TO BE APPROPRIATE AND SAFE AND THAT ARE IN STRICT
COMPLIANCE WITH ALL APPLICABLE ENVIRONMENTAL HEALTH AND SAFETY LAWS.
ENVIRONMENTAL INDEMNIFICATION. BORROWER SHALL INDEMNIFY LENDER, ITS AFFILIATES
AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS,
LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES WHICH ARE OR MAY BE AWARDED OR
INCURRED BY LENDER, AND FOR ALL REASONABLE ATTORNEY FEES, LEGAL EXPENSES, AND
OTHER OUT-OF-POCKET EXPENSES ARISING FROM OR RELATED IN ANY MANNER, DIRECT OR
INDIRECT, TO (1) HAZARDOUS MATERIALS LOCATED ON, IN OR UNDER THE PROPERTY;
(2) ANY ENVIRONMENTAL CONDITION ON, IN OR UNDER THE PROPERTY; (3) ANY BREACH OR
VIOLATION OF THIS AGREEMENT AND/OR (4) ANY ACTIVITY OR OMISSION, WHETHER
OCCURING ON OR OFF THE PROPERTY, WHETHER PRIOR TO OR DURING THE TERM OF THE
LOANS SECURED HEREBY, AND WHETHER BY BORROWER OR ANY OTHER PERSON OR ENTITY,
RELATING TO HAZARDOUS MATERIALS OR ENVIRONMENTAL CONDITION AND THE PROPERTY. THE
INDEMNIFICATION OBLIGATIONS OF BORROWER UNDER THIS AGREEMENT SHALL SURVIVE ANY
RECONVEYANCE, RELEASE, OR FORECLOSURE OF THE PROPERTY. ANY TRANSFER IN LIEU OF
FORECLOSURE, AND SATISFACTION OF THE OBLIGATIONS SECURED HEREBY. LENDER SHALL
HAVE THE SOLE AND COMPLETE CONTROL OF THE DEFENSES OF ANY SUCH CLAIMS. LENDER IS
HEREBY AUTHORIZED TO SETTLE OR OTHERWISE COMPROMISE ANY SUCH CLAIMS AS LENDER IN
GOOD FAITH DETERMINES SHALL BE IN ITS BEST INTERESTS. NOTWITHSTANDING ANYTHING
TO THE CONTRARY IN THIS LOAN AGREEMENT, THE PROMISSORY NOTES, THE