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(c) The Lender shall be satisfied that the validity and priority
of the First Deed of Trust and the Second Deed of Trust, as amended by this
Agreement, has not been and will not be impaired by this Agreement or the
transactions contemplated by it, and that such Deeds of'I iust as amended by
this Agreement, secure the Loan. Such assurance includes receipt of a 110.5
endorsement (or commitment to issue such endorsement) to the policies of title insurance insuring the First Deed of Trust and the Second Deed of Trust and a tie-in indorsement, combining coverage under such policies with Lender's title
Policy coverage for the Biackriver Loan.
(d) The Lender shall have received a written opinion of
counsel to the Borrower covering such matters relating to the Borrower, this
Agreement and the Loan as the Lender may reasonably require
(c) All conditions precedent to Lender's obligation to make the
Blackriver loan have been satisfied.
5. Hnt, ous gat ri Is. Without in any way limiting any other provision
be this Agreement Borrower expressly reaffirms as of the date hereof, and continuing
hereatier: (i) each and every representation and warranty in the Loan Documents
respecting "Hazardous Materials": and (ii) each and evcr� covenant and indemnity in
the loan Documents respecting "Hazardous Materials" and any indemnity contained in
the Unsecured Indemnity.
G LORI 'nano-___ n of Joinder. Nothing contained herein is intended to
terminate or revoke any guaranties or indemnities of liabilities and obligations of
Joinder Parties to Lendcr and all such obligations shall continue in full force and
effect.
>. Reaffinna ion of [.;ability. Borrower hereby expressly reaffirms its
liability to I.C,4W under the Loan Documents (including under the Unsecured
Indemnity) and the Borrower acknowledges that as of the date hereof. it has no clains.
Offsets or defenses with respect to the payment of sums due under the Note or any
other Loan Document or the unsecured Indemnity.
g. Miscellaneous. NO refe-once to this Amendn ent is necessary in any
instrument or document at any ume referrin
arnendedg to the Loan Documents. Any reference
to any hereby. Loan Donanenl shall be o.emed a reference to such Loan Document as
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