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09/04/2009 12:10 209-95 V 2 CBSJ PAGE 07
<br /> (c) Execution of Exhibits to Forbearance Agreement. OBLIGORS shall have
<br /> executed and delivered to LENDER,the original, finalized version of those
<br /> documents that call for the signature of OBLIGORS, and that are required
<br /> pursuant to this Forbearance Agreement.
<br /> (d) Delivery of Other Required Documents, OBLIGORS shall have executed and
<br /> delivered to LENDER such other and further documents as LENDER may
<br /> reasonably require in order to memorialize the obligations of BORROWER under
<br /> this Forbearance Agreement and/or any documents referred to herein or executed
<br /> in connection herewith.
<br /> (e) Continued validity and priority of the existing liens in favor of LENDER
<br /> including,without limitation,the liens referred to in the Recitals to this
<br /> Agreement and/or the Exhibits to this Agreement.
<br /> 4. Reaffirmation of Existing Obligations. By executing this Forbearance Agreement,
<br /> each the OBLIGORS expressly acknowledges awareness of the terms hereof, and expressly
<br /> reaffirms OBLIGORS' existing obligations associated with the Wizard Loan and the Wizard
<br /> LOC Loan, including, without limitation, the continued force and effectiveness of all of the
<br /> previous written agreements executed by the Patties, except to the extent these have been
<br /> previously modified or waived in writing, and except to the extent these are modified or waived
<br /> in connection with,this Forbearance Agreement, and/or its Exhibits.
<br /> 5. Representations and Wairanties_by OBLIGORS. Each of OBLIGORS represents
<br /> and warrants to LENDER, as follows:
<br /> (a) This Forbearance Agreement and the documents executed in connection herewith,
<br /> constitute legal,valid and binding obligations of OBLIGORS to LENDER.
<br /> (b) The representations and warranties of OBLIGORS set forth in the Recitals, and/or
<br /> in.the Exhibits to this Agreement, are true correct, and complete as of the
<br /> execution of this Agreement.
<br /> (c) BORROWER presently complies with, and will in the future comply fully with,
<br /> all applicable laws (which shall mean, collectively, all federal, state, and local
<br /> laws,rules,regulations,ordinances and codes), and all permits and approvals
<br /> issued thereunder, allbcting the improvements located upon or at BORROWER's
<br /> business premises, the operation of BORROWER's business, and the occupancy;
<br /> use and enjoyment of BORROWER's business premises, including,but not
<br /> limited to, all applicable subdivision laws,licenses and permits,building codes,
<br /> zoning ordinances, environmental protection laws, flood disaster laws and all laws
<br /> pertaining to industrial hygiene and the environmental conditions,under or about
<br /> BORROWER's business premises,including,but not limited to, soil and ground
<br /> water condition. ("Toxic substances," "hazardous materials" and"hazardous
<br /> waste" shall include,but not be limited to, such substances,materials and wastes
<br /> which are or become regulated under applicable law or which are classified as
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