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2 <br /> (a) Assignee is duly incorporated as a Washington nonprofit corporation and has the <br /> full right, power and authority to conduct all of the activities which are now <br /> conducted by it or proposed to be conducted by it in connection with the City <br /> CDBG 93-94 Loan Documents, to execute, deliver and perform this Assumption <br /> Agreement, and to assume the obligations of Assignor and to fulfill its duties <br /> under the City CDBG 93-94 Loan Documents. <br /> (b) There is no action, suit or proceeding or any investigation pending or, to the best <br /> of Assignee's knowledge, threatened against or affecting Assignee at law or in <br /> equity in any court or by any federal, state, municipal or other governmental <br /> authority, department, commission, board, agency or other governmental <br /> instrumentality that is likely to have an adverse effect on Assignee's ability to <br /> assume the obligations and to fulfill the duties of Assignor under the terms of the <br /> City CDBG 93-94 Loan Documents. <br /> (c) Assignee is not in default or alleged to be in default with respect to any judgment, <br /> order, writ, injunction or decree or in breach or alleged to be in breach or default <br /> under any material lease, contract, agreement, commitment, instrument or <br /> obligation to which it is a party or by which it or its property is bound; and to the <br /> best of Assignee's knowledge, there is no statement of facts which is likely to <br /> create or cause a default or breach under any such material lease, contract, <br /> agreement,commitment,instrument or obligation. <br /> (d) To the best of Assignee's knowledge and belief, Assignee has complied in all <br /> material respects with all federal, state and local laws, regulations and orders <br /> applicable to the ownership of its properties and the conduct of its operations. <br /> (e) Assignee has taken all corporate and other action, necessary to authorize the <br /> execution and delivery of this Assumption Agreement. <br /> (f) The representations and warranties of the Borrower in the City CDBG 93-94 Loan <br /> Documents, as applied to Assignee, are true and correct in all material respects as of <br /> the date hereof. <br /> (g) Assignee has conducted its own inspections of the Property and is fully familiar <br /> with the condition thereof. Assignee is not relying on any representations or <br /> statements by or on behalf of Lender, express or implied, nor upon any duty of <br /> Lender to disclose information concerning the Property (whether or not known to <br /> Lender),in acquiring the Property and entering into this Assumption Agreement. <br /> 3. Representations and Warranties of Assignor. In order to induce Lender to allow the <br /> assignment and assumption contemplated herein, Assignor represents and warrants to <br /> Lender that: <br /> ASSIGNMENT,ASSUMPTION,RELEASE AND CONSENT AGREEMENT PAGE 4 <br /> 35 <br />