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all material respects and complete insofar as completeness may be neces-
sary to give Mortgagee a true and accurate knowledge of the subject
matter.
3.4 MORTGAGED PROPERTY AND OTHER PROPERTY. Mortgagor has
good and mazketable title in fee simple to the Land except for that pazt or
pazts of the Land in which Mortgagor is shown by F.xhibit A to have an in-
. terest other than a fee simple interest and as to each such interest, Mort-
gagor has good and mazketable tide thereto in accordance with the terms
thereof, and has, and will have, good and marketable title to the Fixtures
and Improvements ( and Personal Property, if any all free and cleaz of
any liens, charges, encumbrances, security interests and adverse claims
whatsoever except the Permitted Encumbrances as applicable. Mortgagor
~vill preserve its tide to the Mortgaged Property and will forever warrant
and defend the same to the Mortgagee and ~vill forever warrant and defend ~
ihe validity and priority of the llen of this A'Iortgage against the claims of
all persans and parties whomscever, except those holding Permitted En-
cumbrances. .
3.5 Ta.~cES. Mortgagor has filed all Federal, ~tate, County and
Municipat income tax returns required to have been filed by it and has paid
ali taxes which have become due pursuant to such returns, pursnan[ to any
assessments received by it or pursuant to law, and Mortgagor dces not
know of any basis for additional assessment in respect of such taxes or
additional taxes.
3.6 LITIGATION. There is not now pending against or affecting
Mortgagor nor, to the knowledge of Mortgagor, is there threatened or con-
templated, any action, suit or proceeding at law or in equity or by or before
any administrati~ e agency which if adversely determined ~vould materially
impair or affect its financial condition or operation.
ART(CLE 4
AFFIRMATIVE COVENANTS
4. AFFIRMATIVE COVENANTS
Undl the entire Indebtedness shall have been paid in full, Mortgagor
hereby covenants and agrees as follows:
4.1 EXISTENCE. Niortgagor will preserve and keep in full force and
effect its corporate or partnership e~stence, rights, franchises and trade
names.
SGAK 2O~ PAGf ~S't~
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