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200107256 (f) All statements submitted to Beneficiary in connection with this transaction are true and correct in all material respects and (with' respect to any financial statements) have been prepared in accordance with generally accepted accounting principles and fairly present the financial condition of the parties or entities covered by such statements as of the date thereof. (g) The Real Property presently complies with, and will continue to comply with, all applicable restrictive covenants and applicable zoning and subdivision ordinances and building codes. (h) Except as disclosed to Lender: (i) The operations of Grantor at the Real Property and the Real Property itself are in compliance in all material respects with all applicable environmental, health and safety statutes, regulations and other governmental requirements; (ii) Grantor has obtained, and will continue to maintain, all environmental, health and safety permits necessary for the operations of Grantor; all such permits are in good standing and Grantor is and will remain in material compliance with all terms and conditions of such permits; (iii) Neither Grantor nor any of its present Real Property or operations is subject to any order from or agreement with any governmental authority or private party respecting the release or threatened release of a Contaminant (as defined below) into the environment; (iv) With respect to Grantor's Real Property or operations, there are no judicial or administrative proceedings pending against the Grantor alleging a violation of any environmental, health or safety statute, regulation or other governmental requirement; (v) To Grantor's knowledge, none of Grantor's present or past operations is the subject of any investigation by any governmental authority evaluating whether any remedial action is needed to respond to a release from the present or past operations of the Grantor or threatened release of a Contaminant (as defined below) into the environment; (vi) Grantor has not filed any notice under any statute, regulation or other governmental requirement indicating past or present treatment, storage or disposal of a hazardous waste, as that term is defined under 40 C.F.R. Part 261 or any state equivalent; (vii) Grantor has not filed any notice under any Environmental Law (as defined below) reporting a release of a Contaminant (as defined below) into the environment; -7- 003.302830.1