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<br />G. Except as specifically set forth herein, I express no opinion with respect to the adequacy or <br />accuracy of the descriptions of the legal description of any real or personal property <br />collateral contained in the Loan Documents or in any document prepared in connection <br />therewith. <br /> <br />H. Except as specifically set forth herein, I express no opinion with respect to the existence <br />of, perfection or priority (and therefore no opinion as to the respective rights of any third <br />party, creditor or encumbrancer, as against the rights of the Lender) of any security interest <br />in the personal property co llateral. <br /> <br />I. I express no opinion as to the legality, validity, binding nature or enforceability (i) of <br />provisions in the Loan Documents indemnifying a party, to the extent such provisions may <br />be held unenforceable as contrary to public policy, (ii) of any provision of any Loan <br />Document insofar as it provides for the payment or reimbursement of costs and expenses <br />or indemnification for claims, losses or liabilities in excess of a reasonable amount <br />determined by any court or other tribunal or (iii) regarding the Lender's ability to collect <br />attorneys' fees and costs in an action involving the Loan Documents, if the Lender is not <br />the prevailing party in such action. <br /> <br />J. I express no opinion with respect to the legality, validity, binding nature or enforceability <br />of any waivers contained in the Loan Documents. <br /> <br />K. I express no opinion as to any provision of the Loan Documents requiring written <br />amendments or waivers of such documents insofar as it is suggested that oral or other <br />modifications, amendments or waivers could not be effectively agreed upon by the parties <br />or that the doctrine of promissory estoppel might not apply. <br /> <br />L. I express no opinion as to the effect of any laws of the United States or any federal <br />regulation with respect to any of the Loan Documents, the Loan, or the Property. <br /> <br />M. I have made no independent examination of and do not opine as to the physical condition <br />of the Property, whether real or personal, affected by any of the Loan Documents. In <br />addition, I express no opinion as to whether the Property includes any surface minerals, <br />mineral or water rights of any kind. <br /> <br />N. I assume no responsibility for accounting matters or for numerical calculations or <br />information. In addition, at our client's request, I have assumed no responsibility for tax <br />matters or advice. <br /> <br />W. My opinion set forth herein is subject to the qualification that certain provisions of the <br />Loan Documents may be unenforceable, but such unenforceability will not, subject to the <br />other exceptions, qualifications and limitations in this Opinion, render the Loan <br />Documents invalid as a whole or substantially interfere with Lender's realization of the <br />principal benefits provided by the Loan Documents. <br />