OR ANY OTHER LOAN DOCUMENT, AS
AMENDED.
BORROWER HEREBY ACKNOWLEDGES, RATIFIES, REAFFIRMS, GRANTS, AND
RE-GRANTS TO BANK A FIRST PRIORITY, PERFECTED LIEN AND SECURITY INTEREST IN THE
COLLATERAL TO SECURE THE PAYMENT AND PERFORMANCE OF THE INDEBTEDNESS AND
OBLIGATIONS, WHICH SECURITY INTEREST IS AND SHALL REMAIN IN FULL FORCE AND
EFFECT AND BINDING ON BORROWER, AND BORROWER ACKNOWLEDGES AND AGREES THAT THE
LIENS AND SECURITY INTERESTS OF EACH DEED OF TRUST ARE VALID AND SUBSISTING
LIENS AND SECURITY INTERESTS AND ARE SUPERIOR TO ALL OTHER LIENS AND SECURITY
INTERESTS.
NOTHING HEREIN CONTAINED SHALL AFFECT OR IMPAIR THE VALIDITY OR
PRIORITY OF THE LIENS AND SECURITY INTERESTS UNDER EACH DEED OF TRUST AND THE
OTHER LOAN DOCUMENTS.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, BANK
HAS MADE NO COMMITMENT, EITHER EXPRESS OR IMPLIED, TO EXTEND THE MATURITY DATE,
OR TO PROVIDE BORROWER WITH ANY FINANCING, BEYOND THE MATURITY DATE, IT BEING
EXPRESSLY ACKNOWLEDGED AND AGREED TO BY BORROWER THAT THE INDEBTEDNESS SHALL BE
DUE AND PAYABLE IN FULL ON THE MATURITY DATE.
SECTION 4.04.
JOINDER OF HARTMAN PARKWAY.
HARMAN PARKWAY HEREBY MAKES EACH
REPRESENTATION AND WARRANTY SET FORTH IN ARTICLE THREE OF THE LOAN AGREEMENT TO
THE SAME EXTENT AS EACH OTHER BORROWER, AND HEREBY AGREES, AS OF THE DATE FIRST
ABOVE WRITTEN, (A) TO BE BOUND AS A BORROWER BY ALL OF THE TERMS AND PROVISIONS
OF THE LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS TO THE SAME EXTENT OF EACH OF
THE OTHER BORROWERS AND (B) TO COMPLY WITH AND BE SUBJECT TO ALL OF THE TERMS,
CONDITIONS, COVENANTS, AGREEMENTS AND OBLIGATIONS SET FORTH IN THE LOAN
AGREEMENT AND THE OTHER LOAN DOCUMENTS.
HARTMAN PARKWAY FURTHER AGREES, AS OF
THE DATE FIRST ABOVE WRITTEN THAT EACH REFERENCE IN THE LOAN AGREEMENT TO A
"BORROWER" SHALL ALSO MEAN AND BE A REFERENCE TO HARTMAN PARKWAY.
ARTICLE V
MISCELLANEOUS
SECTION 5.01.
SURVIVAL OF REPRESENTATIONS AND WARRANTIES.
ALL REPRESENTATIONS
AND WARRANTIES MADE IN THIS AMENDMENT, THE LOAN AGREEMENT OR ANY OTHER DOCUMENT
OR DOCUMENTS RELATING THERETO, INCLUDING, WITHOUT LIMITATION, ANY LOAN DOCUMENT
FURNISHED IN CONNECTION WITH THIS AMENDMENT, SHALL SURVIVE THE EXECUTION AND
DELIVERY OF THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS, AND NO INVESTIGATION BY
BANK OR ANY CLOSING SHALL AFFECT THE REPRESENTATIONS AND WARRANTIES OR THE RIGHT
OF BANK TO RELY UPON THEM.
SECTION 5.02.
REFERENCE TO LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS.
EACH
OF THE LOAN DOCUMENTS, INCLUDING THE LOAN AGREEMENT AND ANY AND ALL OTHER
AGREEMENTS, DOCUMENTS OR INSTRUMENTS NOW OR HEREAFTER EXECUTED AND DELIVERED
PURSUANT TO THE TERMS HEREOF OR PURSUANT TO THE TERMS OF THE LOAN AGREEMENT AND
THE OTHER LOAN DOCUMENTS, AS AMENDED HEREBY, ARE HEREBY AMENDED SO THAT ANY
REFERENCE IN SUCH LOAN DOCUMENTS TO THE LOAN AGREEMENT OR ANY OTHER LOAN
DOCUMENT SHALL MEAN A REFERENCE TO THE LOAN AGREEMENT AND THE OTHER LOAN
DOCUMENTS AS AMENDED HEREBY OR OF EVEN DATE HEREWITH, AND AS MAY BE FURTHER
AMENDED FROM TIME TO TIME.
SECTION 5.03.
EXPENSES OF BANK.
AS PROVIDED IN THE