termination of any policy of insurance or bond.
(G)
EXCEPT AS SET FORTH ON SCHEDULE V, THERE ARE NO MECHANICS' OR
SIMILAR LIENS OR CLAIMS WHICH HAVE BEEN FILED FOR WORK, LABOR OR MATERIAL (AND
NO RIGHTS ARE OUTSTANDING THAT UNDER APPLICABLE LAW COULD GIVE RISE TO ANY SUCH
LIENS) AFFECTING THE PROPERTY WHICH ARE OR MAY BE PRIOR TO OR EQUAL TO THE LIEN
OF THE SECURITY INSTRUMENT.
(H)
EXCEPT AS SET FORTH ON SCHEDULE V, BORROWER HAS PAID IN FULL
FOR, AND IS THE OWNER OF, ALL FURNISHINGS, FIXTURES AND EQUIPMENT (OTHER THAN
TENANTS' PROPERTY) USED IN CONNECTION WITH THE OPERATION OF THE PROPERTY, FREE
AND CLEAR OF ANY AND ALL SECURITY INTERESTS, LIENS OR ENCUMBRANCES, EXCEPT THE
LIEN AND SECURITY INTEREST CREATED BY THIS AGREEMENT, THE NOTE, THE SECURITY
INSTRUMENT AND THE OTHER LOAN DOCUMENTS.
(I)
ALL LIQUID AND SOLID WASTE DISPOSAL, SEPTIC AND SEWER
SYSTEMS LOCATED ON THE PROPERTY ARE IN A GOOD AND SAFE CONDITION AND REPAIR AND
IN COMPLIANCE WITH ALL APPLICABLE LAW.
(J)
EXCEPT AS DISCLOSED ON SCHEDULE V, NO PORTION OF THE
IMPROVEMENTS IS LOCATED IN AN AREA IDENTIFIED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY OR ANY SUCCESSOR THERETO AS AN AREA HAVING SPECIAL FLOOD
HAZARDS PURSUANT TO THE FLOOD INSURANCE ACTS OR, IF ANY PORTION OF THE
IMPROVEMENTS IS LOCATED WITHIN SUCH AREA, BORROWER HAS OBTAINED AND WILL
MAINTAIN THE INSURANCE PRESCRIBED IN SECTION 7.1(A) HEREOF.
NO PART OF THE
PROPERTY CONSISTS OF OR IS CLASSIFIED AS WETLANDS, TIDELANDS OR SWAMP AND
OVERFLOW LANDS.
(K)
ALL THE IMPROVEMENTS LIE WITHIN THE BOUNDARIES OF THE LAND AND
ANY BUILDING RESTRICTION LINES APPLICABLE TO THE LAND.
(L)
TO BORROWER'S KNOWLEDGE, THERE ARE NO PENDING OR PROPOSED
SPECIAL OR OTHER ASSESSMENTS FOR PUBLIC IMPROVEMENTS OR OTHERWISE AFFECTING THE
PROPERTY, NOR ARE THERE ANY CONTEMPLATED IMPROVEMENTS TO THE PROPERTY THAT MAY
RESULT IN SUCH SPECIAL OR OTHER ASSESSMENTS.
(M)
THE PORTION OF THE PROPERTY CONSISTING OF LOTS 1, 50 AND 55 HAS
758,347 SQUARE FEET OF GROSS FLOOR AREA AND HAS 3,739 PARKING SPACES LOCATED
THEREON.
THE PORTION OF THE PROPERTY CONSISTING OF LOT 114 HAS 114,000 SQUARE
FEET OF GROSS FLOOR AREA AND 120 PARKING SPACES LOCATED THEREON.
SECTION 3.12
FINANCIAL INFORMATION.
ALL FINANCIAL DATA, INCLUDING,
WITHOUT LIMITATION, THE BALANCE SHEETS, STATEMENTS OF CASH FLOW, STATEMENTS OF
INCOME AND OPERATING EXPENSE AND RENT ROLLS, THAT HAVE BEEN DELIVERED TO
ADMINISTRATIVE AGENT IN RESPECT OF BORROWER,
GUARANTOR AND/OR THE PROPERTY (A)
ARE TRUE, COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS, (B) ACCURATELY
REPRESENT THE FINANCIAL CONDITION OF BORROWER, GUARANTOR OR THE PROPERTY, AS
APPLICABLE, AS OF THE DATE OF SUCH REPORTS, AND (C) TO THE EXTENT AUDITED BY AN
INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM, HAVE BEEN PREPARED IN ACCORDANCE
WITH GAAP FOR THE PERIODS COVERED, EXCEPT AS DISCLOSED THEREIN.
BORROWER DOES
NOT HAVE ANY CONTINGENT LIABILITIES, LIABILITIES FOR TAXES, UNUSUAL FORWARD OR
LONG-TERM COMMITMENTS OR UNREALIZED OR ANTICIPATED LOSSES FROM ANY UNFAVORABLE
COMMITMENTS THAT ARE KNOWN TO BORROWER AND REASONABLY LIKELY TO HAVE A MATERIAL