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ry i{. . <br /> i <br /> f ' <br /> i • <br /> -9- <br /> Additional Documents, any other documents executed in connection <br /> herewith, and the Note when executed and delivered, will <br /> constitute the legal, valid and binding obligations of Cardwell, <br /> enforceable in accordance with their respective terms. <br /> 4 . 1.2 Good Title. Cardwell has good and marketable title <br /> to all of its assets reflected in the financial statements <br /> provided to Decatur in connection with the Loan, not subject to <br /> any mortgage, indenture, pledge, lien, conditional sale contract, <br />, securit interest encumbrance claim trust or char e exce t as <br /> � , <br /> Y � g � P <br /> disclosed in such financial statements in the notes thereunder, <br />, or as shown on Exhibit B. There are no commitments or <br /> agreements, including leases, of any kind or character relating <br /> to the Real Property except as have been fully disclosed <br /> to Decatur in writing. <br /> 4 . 1.3 No Pendina Litigation. There are no actions, suits, <br /> proceedings (whether or not purportedly on behalf of Cardwell) or <br /> investigations pending or, to the best of the knowledge of <br /> Cardwell, threatened against Cardwell or any basis therefor, <br /> which, if adversely determined, would, in any case or in the <br /> aggregate, materially adversely affect the property, assets, <br /> financial condition or business of Cardwell or materially impair <br /> the right or ability of Cardwell to carry on his operations <br /> substantially as now conducted or anticipated to be conducted in <br /> the future, or which question the validity of this Agreement, the <br /> Note, and Additional Documents or other documents required by <br />