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<br /> proceeding to which the affordable housing owner (or any official thereof in an official capacity)
<br /> is a party that is pending or, to the best of the affordable housing owner's knowledge after
<br /> reasonable investigation, threatened with respect to (a) the affordable housing owner's
<br /> organization or existence, (b) its authority to execute and deliver this Agreement or to comply
<br /> with the terms of this Agreement, (c) the validity or enforceability of this Agreement or the
<br /> transactions contemplated hereby, (d) the title to office of any Board member or any other
<br /> affordable housing owner officer, (e) any authority or proceedings relating to the affordable
<br /> housing owner's execution or delivery of this Agreement, or (f) the undertaking of the
<br /> transactions contemplated by this Agreement.
<br /> 4.08 No Current Default or Violation. (a) The affordable housing owner is not in
<br /> violation of any existing law, rule or regulation applicable to it, (b) the affordable housing owner
<br /> is not in default under any contract, other agreement, order,judgment, decree or other instrument
<br /> or restriction of any kind to which the affordable housing owner is a party or by which it is
<br /> bound or to which any of its assets are subject, including this Agreement, and (c) no event or
<br /> condition has happened or existed, or is happening or existing, under the provisions of any such
<br /> instrument, including this Agreement,which constitutes or which,with notice or lapse of time, or
<br /> both,would constitute an event of default hereunder or thereunder.
<br /> 4.09 No Misrepresentation. No representation, covenant or warranty by the
<br /> affordable housing owner in this Agreement is false or misleading in any material respect.
<br /> 4.10 Environmental Warranties and Indemnification.
<br /> (a) The Mortgaged Property is in compliance with all federal, State and local
<br /> environmental laws and regulations, including but not limited to, the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Public Law
<br /> No. 96-510, 94 Stat. 2767, 42 USC 9601 et seq., and the Superfund Amendments and
<br /> Reauthorization Act of 1986 ("SARA"),Public Law 99-499, 100 Stat. 1613.
<br /> (b) To the extent permitted by law, the affordable housing owner shall indemnify and
<br /> hold the County and the Deed of Trust Trustee harmless from and against (i) any and all
<br /> damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean-up costs),
<br /> judgments and expenses (including attorneys', consultants' or experts' fees and expenses) of
<br /> every kind and nature suffered by or asserted against the Deed of Trust Trustee or the County as
<br /> a direct or indirect result of any requirement under any law, regulation or ordinance, local, State
<br /> or federal, which requires the elimination or removal of any hazardous materials, substances,
<br /> wastes or other environmentally regulated substances by the Deed of Trust Trustee, the County
<br /> or the affordable housing owner or any transferee or assignee of the Deed of Trust Trustee, the
<br /> County or the affordable housing owner.
<br /> (c) The affordable housing owner's obligations under this Section shall continue in full effect
<br /> notwithstanding full payment of the Required Payments or foreclosure under this Agreement or
<br /> delivery of a deed in lieu of foreclosure.
<br /> 4.11 Further Instruments. Upon the County's request, the affordable housing owner
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