THIS MORTGAGE OR THE
OTHER LOAN DOCUMENTS SHALL BE CONSTRUED SO AS TO DEEM THE RELATIONSHIP BETWEEN
MORTGAGOR AND MORTGAGEE TO BE OTHER THAN THAT OF DEBTOR AND CREDITOR.
SECTION 4.2
NO RELIANCE ON MORTGAGEE.
THE GENERAL PARTNERS, MEMBERS,
PRINCIPALS AND (IF MORTGAGOR IS A TRUST) BENEFICIAL OWNERS OF MORTGAGOR ARE
EXPERIENCED IN THE OWNERSHIP AND OPERATION OF PROPERTIES SIMILAR TO THE
PROPERTY, AND MORTGAGOR AND MORTGAGEE ARE RELYING SOLELY UPON SUCH EXPERTISE AND
BUSINESS PLAN IN CONNECTION WITH THE OWNERSHIP AND OPERATION OF THE PROPERTY.
MORTGAGOR IS NOT RELYING ON MORTGAGEE'S EXPERTISE, BUSINESS ACUMEN OR ADVICE IN
CONNECTION WITH THE PROPERTY.
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SECTION 4.3 NO MORTGAGEE OBLIGATIONS.
(A) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTIONS 1.1(H), (M) AND (P) OR SECTION 1.2 HEREOF, PRIOR TO TAKING
POSSESSION OF ANY PORTION OF THE PROPERTY, MORTGAGEE IS NOT UNDERTAKING THE
PERFORMANCE OF (I) ANY OBLIGATIONS UNDER THE LEASES; OR (II) ANY OBLIGATIONS
WITH RESPECT TO ANY OTHER AGREEMENTS, CONTRACTS, CERTIFICATES, INSTRUMENTS,
FRANCHISES, PERMITS, TRADEMARKS, LICENSES AND OTHER DOCUMENTS SECURING THE
OBLIGATIONS.
(B)
BY ACCEPTING OR APPROVING ANYTHING REQUIRED TO BE OBSERVED, PERFORMED OR
FULFILLED OR TO BE GIVEN TO MORTGAGEE PURSUANT TO THIS MORTGAGE, THE LOAN
AGREEMENT, THE NOTE OR THE OTHER LOAN DOCUMENTS, INCLUDING, WITHOUT LIMITATION,
ANY OFFICER'S CERTIFICATE, BALANCE SHEET, STATEMENT OF PROFIT AND LOSS OR OTHER
FINANCIAL STATEMENT, SURVEY, APPRAISAL, OR INSURANCE POLICY, MORTGAGEE SHALL NOT
BE DEEMED TO HAVE WARRANTED, CONSENTED TO, OR AFFIRMED THE SUFFICIENCY, THE
LEGALITY OR EFFECTIVENESS OF SAME, AND SUCH ACCEPTANCE OR APPROVAL THEREOF SHALL
NOT CONSTITUTE ANY WARRANTY OR AFFIRMATION WITH RESPECT THERETO BY MORTGAGEE.
SECTION 4.4
RELIANCE.
MORTGAGOR RECOGNIZES AND ACKNOWLEDGES THAT IN
ACCEPTING THE LOAN AGREEMENT, THE NOTE, THIS MORTGAGE AND THE OTHER LOAN
DOCUMENTS, MORTGAGEE IS EXPRESSLY AND PRIMARILY RELYING ON THE TRUTH AND
ACCURACY OF THE WARRANTIES AND REPRESENTATIONS SET FORTH IN ARTICLE IV OF THE
LOAN AGREEMENT WITHOUT ANY OBLIGATION TO INVESTIGATE THE PROPERTY AND
NOTWITHSTANDING ANY INVESTIGATION OF THE PROPERTY BY MORTGAGEE; THAT SUCH
RELIANCE EXISTED ON THE PART OF MORTGAGEE PRIOR TO THE DATE HEREOF; THAT THE
WARRANTIES AND REPRESENTATIONS ARE A MATERIAL INDUCEMENT TO MORTGAGEE IN MAKING
THE LOAN; AND THAT MORTGAGEE WOULD NOT BE WILLING TO MAKE THE LOAN AND ACCEPT
THIS MORTGAGE IN THE ABSENCE OF THE WARRANTIES AND REPRESENTATIONS AS SET FORTH
IN ARTICLE IV OF THE LOAN AGREEMENT.
ARTICLE 5
FURTHER ASSURANCES
SECTION 5.1
RECORDING OF MORTGAGE, ETC.
MORTGAGOR FORTHWITH UPON THE
EXECUTION AND DELIVERY OF THIS MORTGAGE AND THEREAFTER, FROM TIME TO TIME, WILL
CAUSE THIS MORTGAGE AND ANY OF THE OTHER LOAN DOCUMENTS CREATING A LIEN OR
SECURITY INTEREST OR EVIDENCING THE LIEN HEREOF UPON THE PROPERTY AND EACH
INSTRUMENT OF FURTHER ASSURANCE TO BE FILED, REGISTERED OR RECORDED IN SUCH
MANNER AND IN SUCH PLACES AS MAY BE REQUIRED BY ANY PRESENT OR FUTURE LAW IN
ORDER TO PUBLISH NOTICE OF AND FULLY TO PROTECT AND PERFECT THE LIEN OR SECURITY
INTEREST HEREOF UPON, AND THE INTEREST OF MORTGAGEE IN, THE PROPERTY.
MORTGAGOR
WILL PAY ALL TAXES, FILING,