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HomeMy WebLinkAbout2757 ' i~ . ~ . . ' ~ t , ? ~ . ' ~ 1. 8orrower represents and warrants that as of the f date hereof : ~ i. Borrower is the owner and holder of the landlord's interest under the Leases, ~ ii. there are no prior assignments of the Leases or of any portion of the Rents due and payable or to become ~ due and payable thereunder which are presently outstanding, ~ iii. the Leases, as approved, have not been modified or ' - ame nded , iv. all of the Leases are in full force and effect and f the respective terms thereof have commenced pursuant ~ to the provisions thereof, v. the premises demised under each of the Leases have been completed and the tenants under the Leases have taken possession of the same on a rent-paying basis, vi. neither Borrower nor any tenant under the Leases is ` in def ault under any of the terms, covenants or provisions of the Leases and Borrower knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of_ default under any of the Leases, vii. neither Borrower nor any tenant under the Leases has ~ commenced any action or given or served any notice # for the purpose of terminating any of the Leases, viii. all Rents due and payable under the Lease have been paid in f ull and no such Rents have been paid more ; than two (2) months in advance of the due dates ~ 4 thereof , and I ~ ' ix. there are no offsets or defenses to the payment of ~ any portion of the Rents. ~ .Y ~ 2. Borrower shall, at its sole cost and expense, ~ i. observe and perform, or cause to be observed and performed, each and every term, covenant and provision of the Leases on the part of the landlord thereunder to be observed and performed, ~ ii. promptly send copies of all notices of default which Borrower shall send or receive under the Leases to ~ z ~ Lender, ~ - ~ iii. enforce short of termination thereof, the observance ~ ~ and performance of each and every term, covenant and f ~ provision of the Leases on the part of the tenants s ~ thereunder to be observed and performed, and ~ ~ ~ _2_ ~ . ~ ~ . . ~ ~ ~ ~ ~ ~Q~~ 3~2 F~~E 2753 ~ ~ ~