There are no actions, suits or proceedings at law or in equity, arbitrations, or governmental investigations by or before any Governmental Authority or other agency now pending, filed, or, to Borrower’s knowledge, threatened against or affecting Borrower, Guarantor or the Property or any portion thereof, which would reasonably be expected to materially adversely affect (a) title to the Property or any portion thereof (excepting the Munster Release Parcel); (b) the validity or enforceability of the Security Instruments (excepting with respect to the Munster Release Parcel); (c) Borrower’s ability to perform under the Loan; (d) Guarantor’s ability to perform under the Guaranty; (e) the use, operation or value of the Property or any portion thereof; (f) the principal benefit of the security intended to be provided by the Loan Documents; (g) the current ability of the Property to generate Net Cash Flow sufficient to service the Loan; or (h) the current principal use of the Property or any portion thereof. Lender acknowledges the existence of the pending condemnation action with respect to the Munster Release Parcel, and Borrower acknowledges that such condemnation action does not affect its representations made in items (a)-(h) above.