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liabilities under the Amended and Restated Ground Lease and Amended <br /> and Restated Lease and agrees to look solely to Trustee for the <br /> performance of all obligations under the Amended and Restated <br /> Ground Lease and Amended and Restated Lease which arise on or after <br /> the date hereof. City hereby represents and warrants (i) that the <br /> Amended and Restated Ground Lease and Amended and Restated Lease <br /> are in full force and effect and have not been altered, modified, <br /> amended, terminated, canceled, renewed or surrendered, nor have any <br /> of the material terms or conditions thereof been waived in any <br /> manner whatsoever and (ii) there is no default by Contractor under <br /> the terms and provisions of the Amended and Restated Ground Lease <br /> or Amended and Restated Lease, nor is there now any fact or <br /> circumstance which, with notice or lapse of time or both, would <br /> constitute such a default. <br /> APPROVED: <br /> City of Everett <br /> By <br /> Mayor <br /> Attest: <br /> City Clerk <br /> APPROVED AS TO FORM: <br /> City Attorney <br /> STATE OF WASHINGTON ) <br /> ss. <br /> COUNTY OF SNOHOMISH ) <br /> On this day of , 1992 , before me, <br /> the undersigned, a Notary Public in and for the State of <br /> Washington, duly commissioned and sworn, personally appeared <br /> , to me known to be the of <br /> SIERRA CONSTRUCTION CO. , INC. that executed the within and <br /> foregoing instrument, and acknowledged said instrument to be the <br /> free and voluntary act and deed of said corporation, for the uses <br /> B-E-4 <br />