7A Request from Presbyterian Homes for Conduit Financing

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(11} T�e Borrower has filed all federal and staie income tax ret�rris which, io the knowledge of the officers of the Borrower, are zequired to be filed and has paid all taxes shovcm on said returns and all assessments and goveznmental charges received by tlie Borrower to th� extent that they have become due; (12) To the knowledge of the Borrower, no public official of the City has either a direct or indirect �inaa�cial interest in this Agreement nor will any public officzal either directly or indirecily benefit financially from this Agreement; (13) Tl�e Borrower has approved the terms and conditions of the Note; (14} The Barrower intends to operate the Project as an office facility until �he date on which the �ntire principal balance of the Note has been fiz1ly paid and is no longer ouistanding; {15) Each document executed by the Borrower in connection wiih the Loan constitutes the Iegal, valid and binding obligation of the Borrawer, enforceab�e in accardance with its terms {subject, as to enforceability, to limitations resulting from bankruptcy, insolvency and other szmilar laws affecting cred'ztors' rights generally); {16) The financial statements of ihe Borrower heretoiare furnished to the Lender are compl�te and correct in al� maierial respects and fairly present the financial condition of the Borrower at the date of such staierr�ent. Since the rnost recent set of financial statements aelivered by the Borrower to the Lender, there have been no material adverse changes in the fina�n.cial candition of the Borrower; {17) No consent, approval, order or authorization of, or registration, declaration ar filing with, or noiice to, any governmental authority or any third party is arequired in connection with fihe executian and delivery of this Agreement, or any of the agreeanents or instr�ments herein mentioned or related hereto �o which ihe Borrower is a party or the carrying out ar performance of any of ihe transactions required or contemplated hereby or thereby or, if requir�d, such consent, approval, arder or authorization has been {or, with respect to the filing of the Form 8038 with the Internal Revenu� Service and the Notice of Issue with the Minnesota Depariment of Employment and Economic Development and obtaining a building permit from the Cxty) will be obtained or such registration, �eclaz-ation or filing has been ar will be accornplished or such notice has been or will be giv�n; (18) The Borrower has good title to the Lazld, free and clear of all mortgages, liens and encutnbrances, except the Permitted Encumbrances (as described in the Mortgage). When timely and praperly recorded, the Mortgage will constitute a valid and perfected frst rnortgage lien on the Land; and (19) After completion offhe Projeci, the Land will be in substan.tial compliance with tl�e accessibility guidelines set forth in Title III o#' Th.e Americans with Disabilities Act of 1990, as the same may be amended from tirne io time, and any rules and regulations prorr�ulgated ther�under (the "ADA"). zzassas�4 g