SYSTEMS) NECESSARY FOR THE PRESENT AND
CONTEMPLATED USE THEREOF, AND ALL UTILITY SERVICES ARE PROVIDED BY PUBLIC
UTILITIES AND THE PREMISES HAVE ACCEPTED OR ARE EQUIPPED TO ACCEPT SUCH UTILITY
SERVICES AND THE MORTGAGOR HAS NOT RECEIVED NOTICE OF TERMINATION OF SUCH
UTILITY SERVICE;
(IV)
TO THE BEST OF ITS KNOWLEDGE, WITHOUT INDEPENDENT INVESTIGATION, ALL
PUBLIC ROADS AND STREETS NECESSARY FOR SERVICE OF AND ACCESS TO THE PREMISES FOR
THE PRESENT AND CONTEMPLATED USE THEREOF HAVE BEEN COMPLETED AND HAVE BEEN
DEDICATED AND ACCEPTED AS SUCH BY THE APPROPRIATE GOVERNMENTAL AUTHORITIES;
(V)
THE MORTGAGOR HAS ACCESS TO THE PREMISES (I) FROM PUBLIC ROADS AND, TO
THE EXTENT APPLICABLE, PUBLIC OR PRIVATE RAIL OR WATERWAY, OR (II) BY VIRTUE OF
PRIVATE AGREEMENTS FOR ACCESS DESCRIBED IN SCHEDULE A AND INSURED IN THE TITLE
INSURANCE POLICY INSURING THIS MORTGAGE, SUFFICIENT TO ALLOW THE MORTGAGOR AND
ITS TENANTS AND INVITEES TO CONDUCT THEIR RESPECTIVE BUSINESSES AT THE PREMISES
IN ACCORDANCE WITH SOUND COMMERCIAL PRACTICES AND THE MORTGAGOR HAS NOT RECEIVED
NOTICE OF TERMINATION OF SUCH ACCESS;
(VI)
THE MORTGAGOR HAS NOT RECEIVED NOTICE OF ANY CONDEMNATION OR THE
COMMENCEMENT OR PENDENCY OF ANY ACTION OR PROCEEDING THEREFOR;
(VII)
THERE HAS NOT OCCURRED ANY CASUALTY OF THE PREMISES OR ANY PORTION
THEREOF AS A RESULT OF ANY FIRE OR OTHER CASUALTY THAT, AS OF THE DATE HEREOF,
HAS NOT BEEN REPAIRED IN ALL MATERIAL RESPECTS;
11
(VIII)
THERE ARE NO DISPUTES REGARDING BOUNDARY LINES, LOCATION, ENCROACHMENTS
OR POSSESSION OF ANY PORTIONS OF THE MORTGAGED PROPERTY AND, TO THE BEST OF ITS
KNOWLEDGE, WITHOUT INDEPENDENT INVESTIGATION, NO STATE OF FACTS EXISTS WHICH
COULD GIVE RISE TO ANY SUCH CLAIM;
(IX)
TO THE BEST OF ITS KNOWLEDGE, WITHOUT INDEPENDENT INVESTIGATION, ALL
LIQUID AND SOLID WASTE DISPOSAL, SEPTIC AND SEWER SYSTEMS LOCATED ON THE
PREMISES ARE IN A GOOD AND SAFE CONDITION AND REPAIR AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF LAW;
(X)
TO THE BEST OF ITS KNOWLEDGE, WITHOUT INDEPENDENT INVESTIGATION, NO
PORTION OF THE PREMISES 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
PREMISES IS LOCATED WITHIN SUCH AREA, THE MORTGAGOR HAS OBTAINED THE INSURANCE
PRESCRIBED IN ARTICLE VIII HEREOF; AND
(XI)
THERE ARE NO OPTIONS OR RIGHTS OF FIRST REFUSAL TO PURCHASE OR ACQUIRE
ALL OR ANY PORTION OF THE MORTGAGED PROPERTY.
SECTION 3.4
LEASES.
THE MORTGAGOR REPRESENTS AND WARRANTS THAT THERE ARE NO
LEASES AFFECTING THE PREMISES AS OF THE DATE HEREOF.
SECTION 3.5
INSURANCE.
THE MORTGAGOR REPRESENTS AND WARRANTS THAT (I) THE
PREMISES AND THE USE, OCCUPANCY AND OPERATION THEREOF COMPLY WITH ALL INSURANCE
REQUIREMENTS AND THERE EXISTS NO DEFAULT UNDER ANY INSURANCE REQUIREMENT, (II)
ALL PREMIUMS DUE AND PAYABLE WITH RESPECT TO THE INSURANCE POLICIES HAVE BEEN
PAID, (III) ALL INSURANCE POLICIES ARE IN FULL FORCE AND EFFECT AND THE
MORTGAGOR HAS NOT RECEIVED NOTICE OF VIOLATION OR CANCELLATION THEREOF AND
(IV) ALL