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(n) None of Borrower's representations or warranties set forth in this Agreement or <br /> in any document or certificate taken together with any related document or certificate furnished <br /> pursuant to this Agreement or in connection with the transactions contemplated hereby contains <br /> or will contain any untrue statements of a material fact or omits or will omit to state a financial <br /> fact necessary to make any statement of fact contained herein or therein, in light of the <br /> circumstances under which it was made, not misleading; <br /> (o) The execution of this Agreement and all other agreements, instruments and <br /> documents executed by Borrower in connection herewith, the consummation of all transactions <br /> connected herewith, and the construction or rehabilitation of the Improvements on the Real <br /> Estate,have been duly authorized by all necessary action required on the part of Borrower; <br /> (p) Each of the Loan Documents has been duly authorized, executed and delivered <br /> by Borrower and is legal, valid, binding and enforceable against Borrower in accordance with its <br /> terms; <br /> (q) Each individual Co-Maker is of legal age and is under no legal disability,and has <br /> all power, authority, permits, consents, authorizations and licenses necessary to execute, deliver <br /> and perform the Loan Documents to which such Co-Maker is a party and any other document to <br /> be executed and delivered by such Co-Maker in connection with the Loan; <br /> (r) Each document to be executed and delivered by each Co-Maker in connection <br /> with the Loan has been duly authorized, executed and delivered by each Co-Maker, as applicable, <br /> so as to constitute the valid and binding obligations of each such Co-Maker, enforceable in <br /> accordance with their respective terms; <br /> (s) Borrower has provided true and accurate copies of all documents and agreements <br /> between Borrower and its Partners and there are no other agreements existing between Borrower <br /> and its Partners; <br /> (t) Neither the execution of this Agreement(or the consummation of the transactions <br /> contemplated hereby) nor compliance with the terms and provisions hereof or of any agreements, <br /> documents and instruments required of Borrower hereunder conflict with, result in a breach of or <br /> constitute a default under the terms, conditions or provisions of the certificate of limited <br /> partnership and Partnership Agreement of Borrower or any amendments thereto, any agreement <br /> to which Borrower is a party or by which Borrower is bound or any law, regulation, order, writ, <br /> injunction or decree of any court or governmental agency or instrumentality having jurisdiction; <br /> (u) If any Co-Maker is a limited liability company, a corporation, a partnership or <br /> other legally created entity, neither the execution of any Loan Documents (or the consummation <br /> of the transactions contemplated thereby) nor compliance with the terms and provisions hereof or <br /> of any agreements, documents and instruments required of such Co-Maker under the Loan <br /> Documents executed by such Co-Maker conflict with, result in a breach of or constitute a default <br /> under the terms, conditions or provisions of the articles of organization, operating agreement, <br /> articles of incorporation, bylaws, partnership agreement or other organizational documents of <br /> such Co-Maker or any amendments thereto, any agreement to which such Co-Maker is a party or <br /> by which such Co-Maker is bound or any law, regulation, order, writ, injunction or decree of any <br /> court or governmental agency or instrumentality having jurisdiction; <br /> Page 37 <br />