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�O�OU�� remaining balance of th� accumulations ux�der (a) of the preceding paragraph shall be credited to the Uhligations secured by this Recapture Deed af Trust as ot'the date of the commencement of foreclosure praceedings or as of the date the property is otherwise acquired. In the event such sums have been advanced under the pravisions of this paragraph, the Authority shall be entitled to a deficiency judgrnent for the aznount so advanced. 11. Grantor has a good title in fee simple to said real estate free and clear of all encumbrances (except for Permitted Encumbrances and other encumbrances apprnved by tk�e Autho�ty), and will warrant and defend the sarne a�ainst all lavvful claims and rr►echanics' ar other liens of all persons whomsoevsr. Grantor shall promptly discharge any lien vvhich arises against the Praperty othex than the Permitted Encumbrances and other liens approved by Lender. �'ar purposes of this Recapture Dc�d of Trust, the items set farth on Exhibit "B" shall be thc "1'ermitted Encurnbrances". 12. Graaitor warrants and represents that: (a) No Hazardous Materials (as defined belaw) are contained upon the Prem'rses (b) The Premises and Grantax are not in violation of, or subject to, any pending or, to Grantar's k�nowledge, threatened investigation or inquiry by any gavcrnmental authority or any remedial obligations under any Environmental Laws, and this representation and warranty would continue to be true and correct following disclosure to each governmental authority of all relevant facts, canditions and circumstances, if any, pertaining to the Premises. (c) Grantor has not obtained and is not required to obtain any perrnits, liccnses or similar autharizations to construct, occupy, operate or use any �provements and equipznent forming a part of the Premises by reason of any Enviranmental Laws. (d) Grantor has take:n all reasonable steps to determine and has dcterrnined to its r�asonable satisfaction that (i) no Hazardous Materials have been used, handled, manufactured, generated, produced, stored, treated, pxocessed transferred, disposed of or otherwise Released in, on, under, from or about the 1'retnises; (ii) the Premises do not contain Hazardous Materials, or underground storage tanks; (iii) there is no threat of any Hazardous Materials migrating to the Premises; (iv) there is no past or present non- cornpliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Premises; and (v) Grantor has not received, any written or oral notice ar other communication from any person or entity (including but nat limited to a governmental authority) relating to Hazardous Materials or remediation thereoF, of possible liability of any person or entity pursuant to any Environxnental Law, �ther environrnental conditions in connection with th.e Premises, or any actual or potential adrninistrative ar judicial proceedings in connection with any af the foregoing. Grantor has truthfully and fully provided to the Authority, in writing, any and all information relating to enviranmental conditinns in, on, under or from the Premises that is known to 9 Recapture Deed of TruSt and Security Agreement 4839-895b-0838.2