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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. b
S.4 MORTGAGED PROPERTY AND OTHLrR PROPERTY. Mortgagor has
good and mazketable title in fee simple to the Land except for that part or
pazts of the Land in which Mortgagor is shown by Exhibit 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 tide to the Fixtures
and Improvements ( and Personal Property, if any all free and clear of
any liens, charges, encumbrances, security interests and adverse claims
whatscever except the Permitted Encumbrances as applicable. Mortgagor '
~vill preserve its tide to the Mortgaged Property and will forever warrant
and ~efend the same to the Mortgagee and will farever warrant and defend
; the validity and priority of the lien of this Mortgage against the claims of
; all persons and pazdes whomsoever, except those holding Permitted En-
5 cumbrances.
; 3.5 TnxES. Mortgagor has filed all Federal, State, County and
; Municipal income talc returns required to have been filed by it and has paid ~
` all taxes tivhich have become due pursuant to such returns, pursuant to any ~
~ assessments received by it or pursuant to law, and Mortgagor dces not `
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~ kno~v of any basis for addidonal assessment in respect of such taxes or ;
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~ additional taxes. ;
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3.G I.ITIGATION. T118I'e is not now pending against or affecting ~
x Mortgagor nor, to the kno~vledge of Mortgagor, is there threatened or con- ~
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~ templated, any action, suit or proceeding at law or in equity or by or before ~
~ any administrative agency which if adversely determined would materially ;
impair or affect its financial condidon or operadon. '
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~ ARTICLE 4 ~
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- AFFlRMATIVE COVENANTS ~
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4. AFFIRMATIVE COVENANTS ~
~ Until the entire Indebtedness shall have been paid in full= Mortgagor
' hereby covenants and agrees as follows:
- 4.1 EXISTENCE. Mortgagor will preserve and keep in full force and
effect its corporate or partnership existence, rights, franchises and trade
= names.
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