AND WILL NOT BE SUBJECT
TO ANY STATE STATUTE REGULATING INVESTMENTS OF, OR FIDUCIARY OBLIGATIONS WITH
RESPECT TO, GOVERNMENTAL PLANS.
3.1.9
COMPLIANCE.
TO THE BEST OF BORROWER'S KNOWLEDGE, BORROWER AND THE
PROPERTY AND THE USE THEREOF COMPLY IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE
LEGAL REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, BUILDING AND ZONING
ORDINANCES AND CODES AND PRESCRIBED LAWS. BORROWER IS NOT IN DEFAULT OR
VIOLATION OF ANY ORDER, WRIT, INJUNCTION, DECREE OR DEMAND OF ANY GOVERNMENTAL
AUTHORITY, THE VIOLATION OF WHICH MIGHT MATERIALLY ADVERSELY AFFECT THE
CONDITION (FINANCIAL OR OTHERWISE) OR BUSINESS OF BORROWER. BORROWER HAS NOT
COMMITTED ANY ACT WHICH MAY GIVE ANY GOVERNMENTAL AUTHORITY THE RIGHT TO CAUSE
BORROWER TO FORFEIT THE PROPERTY OR ANY PART THEREOF OR ANY MONIES PAID IN
PERFORMANCE OF BORROWER'S OBLIGATIONS UNDER ANY OF THE LOAN DOCUMENTS.
3.1.10
FINANCIAL INFORMATION.
TO THE BEST OF BORROWER'S KNOWLEDGE, ALL
FINANCIAL DATA, INCLUDING, WITHOUT LIMITATION, THE STATEMENTS OF CASH FLOW AND
INCOME AND OPERATING EXPENSE, THAT HAVE BEEN DELIVERED TO LENDER, IN ITS
CAPACITY AS "LENDER" HEREUNDER, BY BORROWER IN RESPECT OF THE PROPERTY ARE TRUE,
COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS. 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 MATERIALLY ADVERSE
EFFECT ON THE PROPERTY OR THE OPERATION THEREOF, EXCEPT AS REFERRED TO OR
REFLECTED IN SAID FINANCIAL STATEMENTS. SINCE THE DATE OF THE FINANCIAL
STATEMENTS, THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN THE FINANCIAL
CONDITION, OPERATIONS OR BUSINESS OF BORROWER OR THE PROPERTY FROM THAT SET
FORTH IN SAID FINANCIAL STATEMENTS.
3.1.11
CONDEMNATION.
TO THE BEST OF BORROWER'S KNOWLEDGE, NO CONDEMNATION
OR OTHER SIMILAR PROCEEDING HAS BEEN COMMENCED OR, TO BORROWER'S KNOWLEDGE, IS
CONTEMPLATED WITH RESPECT TO ALL OR ANY PORTION OF THE PROPERTY OR FOR THE
RELOCATION OF ROADWAYS PROVIDING ACCESS TO THE PROPERTY.
29
3.1.12
UTILITIES AND PUBLIC ACCESS.
THE PROPERTY IS SERVED BY WATER, SEWER,
SANITARY SEWER AND STORM DRAIN FACILITIES REASONABLY ADEQUATE TO SERVICE THE
PROPERTY FOR ITS INTENDED USES. ALL PUBLIC UTILITIES NECESSARY TO THE CONTINUED
USE AND ENJOYMENT OF THE PROPERTY AS PRESENTLY USED AND ENJOYED ARE LOCATED IN
THE PUBLIC RIGHT-OF-WAY ABUTTING THE PROPERTY OR ARE THE SUBJECT OF RECORDED
ACCESS EASEMENTS FOR THE BENEFIT OF THE PROPERTY. THE PROPERTY HAS RIGHTS OF
ACCESS TO PUBLIC WAYS, AND, TO THE BEST OF BORROWER'S KNOWLEDGE, ALL ROADS
NECESSARY FOR THE FULL UTILIZATION OF THE PROPERTY FOR ITS CURRENT PURPOSE HAVE
BEEN COMPLETED AND DEDICATED TO PUBLIC USE AND ACCEPTED BY ALL GOVERNMENTAL
AUTHORITIES OR ARE THE SUBJECT OF ACCESS EASEMENTS FOR THE BENEFIT OF THE
PROPERTY.
3.1.13
SEPARATE LOTS.
THE PROPERTY IS COMPRISED OF ONE (1) OR MORE PARCELS
WHICH CONSTITUTE SEPARATE TAX LOTS AND DO NOT CONSTITUTE A PORTION OF ANY OTHER
TAX LOT NOT A PART OF THE PROPERTY.
3.1.14
ASSESSMENTS.
TO THE BEST OF BORROWER'S KNOWLEDGE, THERE ARE NO
PENDING OR PROPOSED SPECIAL OR OTHER