14-20 Cedar Glen Bond Ordinance Addendums

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amended and the Americans With Disabilities Act of 1990 Architectural Guidelines as from time to time amended] and have been approved by all applicable governmental authorities; (d) The contracts for the construction or rehabilitation of the Improvements and the furnishing of the Personal Property contemplated by the Plans and Specifications are now in full force and effect and have not been modified or amended; (e) No security interests in or title retention claims exist against any Personal Property except for the lien and security interest granted in favor of MBI and the interests granted by virtue of the Permitted Encumbrances; (f) All governmental authorizations, certificates, licenses, filings, registrations, consents, approvals and permits necessary (with regard to anyone other than MBI) to (i) make, execute and deliver this Agreement, (iii) perform all of its obligations under this Agreement, and (iii) construct or rehabilitate the Improvements and use the Project, including but not limited to building permits, storm water drainage permits and those approvals concerning flood hazards and Wetlands,have been obtained and no appeal thereof is pending or threatened; (g) After construction or rehabilitation of the Improvements is completed,the Project will be in conformity with all applicable building, zoning and environmental laws, regulations, ordinances, rules and regulations and all variances and exceptions granted with respect thereto, including but not limited to set-back requirements, minimum parking requirements and height restrictions; (h) All utilities necessary for the intended use of the Project including without limitation for gas, electricity, water, drainage or storm sewers, sanitary sewers, and telephone directly and adequately serve the Project through publicly dedicated easements without the necessity of private easement agreements and all necessary hook-up permits for such utilities have been obtained and no appeal thereof is pending or threatened; (i) All environmental impact statements for the Project required by any governmental authority have been duly filed and approved; (j) The Real Estate directly abuts a publicly dedicated and maintained road or street and has legal access to the same through governmentally approved curb cut permits or no such permits are required for legal access; (k) All required federal, state and other tax returns have been filed by or on behalf of Borrower and the taxes in connection therewith paid to date and no additional taxes or assessments have been asserted or are anticipated; (1) There is no litigation, or proceeding pending or, to the knowledge of Borrower, threatened against or otherwise affecting Borrower or any of its properties or assets, before any court or before or by any governmental agency; (m) Except in connection with litigation set forth on Exhibit "C" attached hereto, there is no litigation, or proceeding pending or, to the knowledge of Borrower,threatened against or otherwise affecting any Co-Maker or any properties or assets of any Co-Maker, before any court or before or by any governmental agency which would materially and adversely impact the ability of any Co-Maker to perform its obligations under the Loan Documents executed by such Co-Maker; Page 36