BREACH
OR DEFAULT UNDER ANY OTHER AGREEMENT TO WHICH BORROWER, MEMBER OR ANY GUARANTOR
IS A PARTY OR MAY BE BOUND, OR A VIOLATION OF ANY LAW OR COURT ORDER WHICH MAY
AFFECT THE PROJECT.
(M)
TO THE KNOWLEDGE OF BORROWER, THERE IS NO DEFAULT UNDER THIS AGREEMENT,
ANY OF THE OTHER LOAN DOCUMENTS, OR ANY OTHER DOCUMENT OR INSTRUMENT TO WHICH
BORROWER IS BOUND, NOR ANY CONDITION WHICH, AFTER NOTICE OR THE PASSAGE OF TIME
OR BOTH, WOULD CONSTITUTE A DEFAULT OR AN EVENT OF DEFAULT UNDER SAID DOCUMENTS.
(N)
[INTENTIONALLY DELETED].
(O)
BORROWER HAS NO KNOWLEDGE OF AND HAS NOT RECEIVED WRITTEN NOTICE OF ANY
PENDING OR THREATENED, CONDEMNATION OR EMINENT DOMAIN PROCEEDINGS IN RESPECT OF
THE LAND OR ANY PART THEREOF.
(P)
AS OF THE DATE HEREOF, THE AMOUNTS SET FORTH IN THE CONSTRUCTION BUDGET
REPRESENT A FULL AND COMPLETE ITEMIZATION BY CATEGORY OF ALL COSTS, EXPENSES AND
FEES WHICH BORROWER REASONABLY EXPECTS TO PAY OR REASONABLY ANTICIPATES BECOMING
OBLIGATED TO PAY TO COMPLETE THE CONSTRUCTION.
(Q)
TO THE KNOWLEDGE OF BORROWER, NEITHER THE CONSTRUCTION OF THE
IMPROVEMENTS NOR THE USE OF THE PROJECT WHEN COMPLETED WILL VIOLATE (I) ANY LAWS
(INCLUDING, WITHOUT LIMITATION, ZONING ORDINANCES, BUILDING CODES, LAND USE AND
ENVIRONMENTAL LAWS AND LAWS RELATING TO THE DISABLED) OR (II) ANY RESTRICTIONS,
COVENANTS OR CONDITIONS OF RECORD OR AGREEMENTS AFFECTING THE PROJECT.
NEITHER
THE ZONING AUTHORIZATIONS, APPROVALS OR VARIANCES NOR ANY OTHER RIGHT TO
CONSTRUCT OR TO USE THE PROJECT IS TO ANY EXTENT DEPENDENT UPON OR RELATED TO
ANY REAL ESTATE OTHER THAN THE LAND.
ALL GOVERNMENTAL APPROVALS REQUIRED FOR
THE CONSTRUCTION IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS HAVE BEEN
OBTAINED OR WILL BE OBTAINED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, AND, TO
THE KNOWLEDGE OF BORROWER, ALL LAWS RELATING TO THE CONSTRUCTION AND OPERATION
OF THE IMPROVEMENTS HAVE BEEN COMPLIED
20
WITH.
TO THE EXTENT SUCH GOVERNMENTAL APPROVALS HAVE BEEN ISSUED OR OBTAINED,
AS THE DATE HEREOF, BORROWER HAS DELIVERED TRUE, COMPLETE AND CORRECT COPIES OF
SAME TO LENDER.
(R)
EXCEPT FOR RETAINAGE AMOUNTS, ALL COSTS AND EXPENSES INCURRED FOR ANY
AND ALL LABOR, MATERIALS, SUPPLIES AND EQUIPMENT USED IN THE DEVELOPMENT OF THE
PROJECT OR THE CONSTRUCTION OR DEMOLITION OF ANY IMPROVEMENT ON THE LAND HAVE
BEEN PAID IN FULL AS OF THE DATE HEREOF OR WILL BE PAID IN FULL FROM PROCEEDS OF
THE LOAN FOLLOWING THE CLOSING OF THE LOAN.
(S)
THE PROJECT WILL HAVE ADEQUATE WATER, GAS AND ELECTRICAL SUPPLY, STORM
AND SANITARY SEWERAGE FACILITIES, OTHER REQUIRED PUBLIC UTILITIES, FIRE AND
POLICE PROTECTION, AND MEANS OF ACCESS BETWEEN THE PROJECT AND PUBLIC STREETS.
(T)
EXCEPT AS SHOWN ON THE SURVEY SUBMITTED TO LENDER IN CONNECTION WITH
THE LOAN, NO PORTION OF THE PROJECT AND NO BUILDING OR ANY OTHER PORTION OF THE
IMPROVEMENTS IS LOCATED IN AN AREA IDENTIFIED BY THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT OR ANY SUCCESSOR THERETO AS AN AREA HAVING SPECIAL FLOOD
HAZARDS PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT OF 1968 OR