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�o�oa�s�c sums have been advanced under the provisions of this paragraph the Authority shall be entitled to a deficiency judgrnent for the arnount so advanced. I 1. Grantor has a good title in fee simple to the real estate free and clear of all encurnbrances (except for Permitted Encumbrances and other encumbrances appraved by the Authority), and will warrant and defend the same against all lawful claims and mechanics' or other liens of all persons whomsoever. Grantor shall promptly discharge any lien which arises against the Property other than the Permitted Encumbrances and other liens approved by Lender. For purposes of this Recapture Deed af Trust, the items set forth on Exhibit "B" shall be the "Permitted Encumbrances". 12. Grantor warrants and represents that: (a) No Hazardous Materials (as defined below) are contained upon the Premises (b) The Prernises and Grantor are not in violation of, or subject to, any pending or, to Grantor's knowledge, threatened investigation or inquiry by any governmental authority or any remedial obligations under any Environmental Laws, and this representation and warranty would continue to be true and correct fallawing disclosure to each governmental authority of all relevant facts, conditions and circumstances, if any, pertaining to the Premises. (c) Grantor has not obtained and is not required to obtain any permits, licenses ar sirnilar authorizations to canstruct, accupy, aperate or use any Impravements and equipment forming a part of the Premises by reason of any Environmental Laws. (d) Grantor has taken all reasonable steps to determine and has determined to its reasonable satisfaction that (i) no Hazardous Materials have been used, handled, manufactured, generated, produced, stored, treated, processed transferred, disposed of or otherwise Released in, on, under, from or about the Premises; (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 na past or present non- compliance with Environmental Laws, or with permits issued pursuant thereta, in conn�ction with the Premises; and (v) Grantor has not received, any written or oral notice or other communication from any person ar entity (including but not limiked to a governmental authority) relating to Hazardous Materials or remediation thereof, of possible liability of any person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Premises, or any actual or potential adrrtinistrative or judicial proceedings in connection with any of the foregoing. Grantor has truthfully and fully provided ta the Authority, in writing, any and all informatian relating ta environmental canditions in, on, under or from the Premises that is known to Grantor and that is contained in Grantor's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or from the Premises. 9 Recapture Deed of Trust and Security Agreement 4848-2546-7143.3