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201007862 f�reclosure proceedings or as of the date the properiy is otherwise acquixed. In the event such sums hav� been advanced under the provisions of th�s paragraph, the Authority shall be entitled ta a deFciency judgment for the amount so advanced. 11. Grantar has a good title in fee simple to said real estat� fi and clear af ail encumbrances (except for Permitted Encumbrances and other encumbra.txc�s approved by the Authority), and will warrant and defend the same against all lawful claims and mechanics' or other liens of all persons whamsoever. Grantpr shall promptly dischazge any lien which arises a�ai.n.st the Property other than the Permitted Encumbrances and other liens approved by Lender. For purposes af this Recapture Deed of Trust, the items set forth on Exhibit "B" shall be the "Pemutted Encumbrances". 12. Grantor wanants and represents that: Premises (a) No Hazardous Materials (as defn�d below) are contained upan the (b) The P�remises and Grantor are not in vialatian o� or subject to, any pending or, to Grantor's knowledge, threatened investigation or inquiry by any governmental autlaarity or any remedial obligations under any Environmental Laws, and this representation and wairanty wauld continue to be tnt� and correct following dISC�ASIIr� ta each governmental authority of all relevant facts, conditions and CuCU�iSt.�nCes, if any pertaining tv the P�remises. (c) Graator has not obtained and is not required ta ahtain any permits, licenses or similar authorizatians to construct, occupy, aperate or use any Iu�provements and equipment forming a part of the Premises by reason of any Environmental Laws. (d) Crrantor has tiakeza„ all reasonable steps to d�termine and has determined to its �reasonable satisfaction that (i) no Hazardous Materials have been used, hand.led, manufactured, generated, produced, stored, treated, processed transferred, disposed of or otherwise Released in, on, under, from ar about the Premises; (u) the Prcmises do not contain Hazardous Materials, u�r underground storage ta.nl�s; (iii) there is no threat of an,y Hazardous Materials mi,g�rating to the Premises; (iv) there is no past or present non- compliance with Environmental Laws, ar with permits issucd pursuant thereta, in cannectinn with the Premises; azxd (v) Grantor has nat received, any written ar oral notice or other communication fr4m any person or entity (including but not lim�ited to a governmental authority) relating to Haza�rdous Matenials or remediation thereo� of possible liability af any person or entity pursuant to any Envimnmental Law, other environmental caz�ditions in connecrion with the Premises, or any a�tual or potential administrative or judicial proceedings in cannection with any of the faregaing. Grantor has trutb�fully and fu11y provided ta thc Authority, in writing any and all iIIfqTmE��iOA relating to envimnmental conditions in, on, under or frnm the Premises that is known to Crrantor and that is contained in Grantor's files and records, inciuding but not limited to any reports relating to Hazardous Materials in, on, under or from the Premises. 9 Recapture Deed af Trust and Security agreement 4840-6755-9942.2