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<br />Substances Control Act; (iv) asbestos, polychlorinated biphenyls, radon, or explosive or radioactive
<br />materials; (v) underground and above ground storage tanks, whether empty, filled or partially filled with
<br />any substance, including without limitation any petroleum product or any other "hazardous substance";
<br />(vi) any substance the presence of which on the Property is prohibited by any Governmental
<br />Requirements; and (vii) any other substance which by any Governmental Requirements requires special
<br />handling or notification of any federal, state, or local governmental entity in its collection, storage,
<br />treatment, or disposal.
<br />(c) "Hazardous Materials Contamination" means the contamination (whether
<br />presently existing or hereafter occurring) of any improvements, facilities, soil, groundwater, air, or other
<br />elements on or of the Property by Hazardous Materials, or the contamination of the buildings, facilities,
<br />soil, groundwater, air, or other elements on or of any other property as a result of Hazardous Materials at
<br />any time (whether before or after the date of this Instrument) emanating from the Property.
<br />(d) "Environmental Claim" means any investigative, enforcement, cleanup, removal,
<br />containment, remedial, or other governmental or regulatory action at any time threatened, instituted, or
<br />completed pursuant to any Governmental Requirements against Grantor or against or with respect to the
<br />Property or its use, and any claim threatened or made by any person against Grantor or against or with
<br />respect to the Property or its use relating to damage, contribution, cost recovery, compensation, or injury
<br />resulting from any alleged breach or violation of any Governmental Requirements.
<br />(e) "Environmental Condition" means any condition, circumstance, or matter related
<br />to or connected with the Property or Grantor's ownership and use of the Property which is covered by any
<br />Governmental Requirements.
<br />10.2 REPRESENTATIONS AND WARRANTIES. Grantor represent and warrant to Lender
<br />that:
<br />(a) Grantor has obtained all necessary permits, licenses, and authorizations for the
<br />Property and Grantor's use of the Property, including without limitation all necessary permits, licenses,
<br />and authorizations for Grantor's intended development of the Property, construction of the Improvements,
<br />or any other improvements to or construction on the Property, if applicable; and
<br />(b) The Property is in compliance with all Governmental Requirements, and
<br />Grantor's intended use of the Property will comply with all Governmental Requirements; and
<br />(c) Not in limitation of the foregoing, that: (i) no Hazardous Materials are now
<br />located on the Property, and Grantor does not, to the best of Grantor's knowledge and belief after due
<br />inquiry, that any other person has ever caused or permitted any Hazardous Materials to be placed, held,
<br />located, or disposed of on, under, or at the Property or any part thereof; (ii) no part of the Property is being
<br />used or, to the best of Grantor's knowledge and belief after due inquiry, has been used at any previous time
<br />for the disposal, storage, treatment, processing, or other handling of Hazardous Materials, nor is any part
<br />of the Property affected by any Hazardous Materials Contamination; (iii) to the best of the Grantor's
<br />knowledge and belief after due inquiry, no property adjoining the Property is being used, or has ever been
<br />used at any previous time, for the disposal, storage, treatment, processing, or other handling of Hazardous
<br />Materials, nor is any other property adjoining the Property affected by Hazardous Materials
<br />Contamination; (iv) to the best of Grantor's knowledge and belief after due inquiry, no investigation,
<br />administrative order, consent order and agreement, litigation, or settlement with respect to Hazardous
<br />Materials or Hazardous Materials Contamination is proposed, threatened, anticipated or in existence with
<br />respect to the Property; and (v) to the best of Grantor's knowledge and belief after due inquiry, the
<br />Property is not currently on and has never been on any federal or state "Superfund" or "Superlien" list.
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