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302.4 No Conflict. The execution, delivery and performance by Borrower of
<br />the Loan Documents to which it is a party will not (i) violate any provision of any law, statute,
<br />rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any
<br />court, governmental agency or arbitrator presently in effect having applicability to Borrower or
<br />the Property; or (ii) result in a breach of or constitute a default under any indenture, loan or credit
<br />agreement or any other agreement, lease or instrument to which Borrower is a party or by which
<br />any of its properties may be bound or, except as specifically contemplated herein, result in the
<br />creation of any lien on any asset of Borrower.
<br />302.5 Compliance with Laws; Consent and Approvals. Borrower shall comply
<br />with all Governmental Requirements, including all applicable directions, rules and regulations of
<br />the fire marshal, health officer, building inspector and other officers of any such government or
<br />agency as applicable.
<br />302.6 Valid Binding Agreement. The Loan Documents executed by Borrower
<br />constitute, or if not yet executed, will constitute when so executed, legal, valid and binding
<br />obligations of Borrower enforceable by and against it in accordance with their respective terms,
<br />subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting
<br />the rights of creditors generally and general principals of equity.
<br />302.7 Pending Proceedings. Borrower is not in default under any law or
<br />regulation or under any order of any court, board, commission or agency whatsoever, and there
<br />are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened
<br />against or affecting Borrower, at law or in equity, before or by any court, board, commission or
<br />agency whatsoever which might, if determined adversely to Borrower, materially and adversely
<br />affect Borrower's ability to repay the Loan.
<br />302.8 Financial Statements. All financial statements and information delivered
<br />to City by or on behalf of Borrower, including information relating to the financial condition of
<br />Borrower and the Property, fairly and accurately represent the financial condition of the subject
<br />thereof and have been prepared in accordance with GAAP, consistently applied, or another sound
<br />accounting practice consistently applied as previously submitted by Borrower to City and
<br />approved by City. Borrower acknowledges and agrees that City may request and obtain additional
<br />information from third parties.
<br />302.9 No Material Adverse Event. There has been no material adverse change
<br />in the value or physical condition of the Property or in the financial condition of Borrower since
<br />the dates of the latest financial statements of Borrower furnished to City, and except as otherwise
<br />disclosed to City in a specified writing, Borrower has not entered into any material transaction that
<br />is not disclosed in such financial statements.
<br />302.10 Accuracy. All reports, documents, instruments, information and forms of
<br />evidence delivered to City concerning the Loan or security for the Loan or required by the Loan
<br />Documents are accurate, correct and sufficiently complete to give City true and accurate
<br />knowledge of their subject matter and do not contain any misrepresentation or omission.
<br />REV: 05-21-25 LF
<br />ATTY/AGR.2025.100/HEART-SV (417 Stambaugh St.) (Page 16 of 85)
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