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4.01 Warranties of Title. The affordable housing owner covenants with the Deed of <br />Trust Trustee and the County that the affordable housing owner is seized of and has the right to <br />convey the Mortgaged Property in fee simple, that the Mortgaged Property is free and clear of all <br />liens and encumbrances other than the Existing Encumbrances, that title to the Mortgaged <br />Property is marketable, and that the affordable hausing owner will forever warrant and defend <br />title to the Martgaged Praperty against the claims of all persons. <br />4.02 Indemnification. To the extent permitted by law, the affordable housing owner <br />shall indemnify, protect and save the Deed of Trust Trustee, the County and its officials and <br />employees harmless from all liability, obligations, losses, claims, damages, actions, suits, <br />proceedings, costs and expenses, including attorneys' fees, arising out of, connected with, or <br />resulting directly or indirectly from the Mortgaged Property or the transactions contemplated by <br />this Agreement, including without limitation the possession, condition, construction or use of the <br />Facilities. The indemnification arising under this Section shall survive the Agreement's <br />termination. <br />4.03 Validity of Organization and Acts. The affordable housing owner is validly <br />organized and existing under State law, has full power to enter into this Agreement and has duly <br />authorized and has obtained all required approvals and all other necessary acts required prior to <br />the execution and delivery of this Agreement. This Agreement is a valid, legal and binding <br />obligation of the affordable housing owner. <br />4.04 Maintenance of Existence. The affordable housing owner ,shall maintain its <br />existence and shall not consolidate with or merge into another entity ar permit one or more other <br />non profit corporations or associations to consolidate with or merge into it, unless the corporation <br />or association thereby resulting assumes the affordable housing owner's obligations under this <br />Agreement. <br />4.OS Acauisition of Permits and Approvals. All permits, consents, approvals or <br />authorizations of all governmental entities and regulatory bodies, and all filings and notices <br />required on the affordable housing owner's part to have been obtained or completed as of today <br />in connection with the authorization, execution and delivery of this Agreement, the <br />consummation of the transactions contemplated hereby and the acquisition of the Facilities have <br />been obtained and are in full force and effect, and there is no reason why any future required <br />permits, consents, approvals, authorizations or orders cannot be obtained as needed. <br />4.06 No Breach of Law_ or_ Contract. Neither the execution and delivery of this <br />Agreement nor the consummation of the transactions contemplated hereby, nor the fulfillment of <br />ar compliance with the terms and conditions of this Agreement, (a) to the best of the affordable <br />housing owner's knowledge, constitutes a violation of any provision of law governing the <br />affordable housing owner or (b) results in a breach of the terms, conditions or provisions of any <br />contract, agreement or instrument or order, rule or regulation to which the affordable housing <br />owner, is a party or by which the affordable housing owner is bound. <br />4.07 No Litigation. There is no litigation or any governmental administrative <br />8 <br />