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(j) The Issuer hereby finds and determines that financing the Project by the issuance <br /> of the Bonds will further the public purposes of the Act; <br /> (k) To the best of its knowledge, no member or director of the Issuer, nor any other <br /> official or employee of the Issuer, has any interest, financial employment or other, in the <br /> Borrower, the Project or the transactions contemplated hereby; <br /> (1) There is no action, suit, proceeding, inquiry or investigation pending or, to the <br /> knowledge of the Issuer, threatened against the Issuer by or before any court, governmental <br /> agency or public board or body,which(i)affects or questions the existence or the title to office of <br /> any member of the Issuer; (ii) affects or seeks to prohibit, restrain or enjoin the execution and <br /> delivery of any of the Loan Documents, or the issuance, execution or delivery of the Bonds; (iii) <br /> affects or questions the validity or enforceability of any of the Loan Documents or the Bonds; (iv) <br /> questions the exclusion from gross income for federal income taxation of interest on the Bonds; <br /> or (v) questions the power or authority of the Issuer to perform its obligations under any of the <br /> Loan Documents or the Bonds or to carry out the transactions contemplated by any of the Loan <br /> Documents or the Bonds; and <br /> (m) THE ISSUER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS <br /> OR IMPLIED, THAT THE PROCEEDS OF THE BONDS WILL BE SUFFICIENT TO <br /> FINANCE THE REHABILITATION AND EQUIPPING OF THE PROJECT OR THAT THE <br /> PROJECT WILL BE ADEQUATE OR SUFFICIENT FOR THE BORROWER'S INTENDED <br /> PURPOSES. FURTHER, THE ISSUER MAKES NO WARRANTY, EITHER EXPRESS OR <br /> IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE PROJECT <br /> OR THE CONDITION THEREOF, OR THAT THE PROJECT WILL BE SUITABLE FOR <br /> THE PURPOSES OR NEEDS OF THE BORROWER. THE ISSUER MAKES NO <br /> REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY <br /> DISCLAIMS ANY WARRANTY THAT THE BORROWER WILL HAVE QUIET AND <br /> PEACEFUL POSSESSION OF THE PROJECT. THE ISSUER MAKES NO <br /> REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY <br /> DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MERCHANTABILITY, <br /> CONDITION OR WORKMANSHIP OF ANY PART OF THE PROJECT OR ITS <br /> SUITABILITY FOR THE BORROWER'S PURPOSES. <br /> ARTICLE XIV. <br /> COVENANTS <br /> Section 14.1 Covenants of Borrower. So long as Borrower has any liability hereunder or <br /> under or with respect to the Loan or any agreement, instrument or document executed in connection <br /> herewith or so long as MBI may be obligated to make any advancement to Borrower,Borrower covenants <br /> and agrees as follows: <br /> (a) Borrower will use the proceeds of the Loan and Other Available Sources of <br /> Funds solely for the purpose of paying Unpaid Project Costs and for no other purpose. <br /> (b) Borrower will comply in all material respects with all the terms of, and take all <br /> actions necessary to comply in all material respects with, this Agreement, including without <br /> limitation executing and delivering to MBI such other documents as it may require to carry out <br /> the terms and provisions of this Agreement. <br /> (c) [This paragraph is intentionally left blank]. <br /> Page 42 <br />