Common use of Borrower’s Environmental Representations and Warranties Clause in Contracts

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land or the Improvements. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) a. Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) b. No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) c. The Land Property and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land Property and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land Property or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) d. Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) e. There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land Property and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) f. Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperty. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing:writing (including any environmental reports, studies or assessments delivered to Lender in connection with the Loan): (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge (based upon its review of that certain Phase I Environmental Site Assessment prepared by Universal Engineering Sciences dated February 9, 2012 (the “Phase I Report”)), the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge (based solely upon review of the Phase I Report), no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full; provided, however, Borrower shall not be deemed to be in default hereunder upon Borrower’s discovery of any Prohibited Activity and Condition unless and except under circumstances where Borrower fails to take such actions as are required to eliminate such Prohibited Activity and Condition within the time period for the notice and cure thereof set forth in Section 7.1(f).

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s 's ownership of the Land, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing:writing or in the Phase I Environmental Reports prepared for Lender by Bhatx Xxxineering (the "Environmental Reports"): (a) a. Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) b. No Prohibited Activities and Conditions exist or, to the best knowledge of Borrower’s knowledge, have existed. (c) c. The Land Property and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land Property and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land Property or the Improvements which has been previously disclosed by Borrower to Lender in writingwriting or in the Environmental Reports, that tank complies with all requirements of Hazardous Materials Laws, except as disclosed in the Environmental Reports. (d) d. Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) e. There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land Property and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) f. Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperty. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing:writing or in the Phase I Environmental Report prepared for Lender by ESA1 in connection with the Loan (the "Environmental Report"): (a) a. Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) b. No Prohibited Activities and Conditions exist or, to best knowledge of Borrower’s knowledge, have existed. (c) c. The Land Property and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land Property and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land Property or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws, except as disclosed in the Environmental Report. (d) d. Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) e. There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land Property and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) f. Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperty. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender Bank that, except as previously disclosed by Borrower to Lender in writing: (ai) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (bii) No Prohibited Activities and Conditions exist or, to the best of Borrower’s knowledge, have existed. (ciii) The Land and the Improvements do not now Property does contain any underground storage tanks, and, tanks except those disclosed to Bank and used in the best ordinary course of Borrower’s knowledge, the Land business and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies compliance with all requirements of applicable Hazardous Materials Laws. (div) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements Property in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements Property that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (ev) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements Property and allege, arise out of, or relate to any Prohibited Activity and Condition. (fvi) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority governmental authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property or any other property that is adjacent to or in the Improvementsvicinity of the Property. The representations and warranties in this Article VI Section 8 shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by until the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Except as disclosed in the Phase 1 Environmental Report prepared by Xxxxxx Consultants, Inc., dated April 8, 2021 and provided to Lender, Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not not, to its knowledge, at any time caused or permitted any Prohibited Activities and Conditions.; (b) No To Borrower’s knowledge, no Prohibited Activities and Conditions exist or, with respect to Borrower’s knowledge, have existed.the Facility; (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied in all material respects with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Facility, Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of To Borrower’s knowledge, no event has occurred or condition exists with respect to the Land Facility, Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, material noncompliance with any Hazardous Materials Law or the terms of any Environmental Permit.; (ed) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve involves the Land Facility, Property and/or the Improvements and or allege, arise out of, or relate to any Prohibited Activity and Condition.; (fe) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety environmental matters affecting the Land Facility, Property, the Improvements or any other property of Borrower that is adjacent to the Improvements. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in fullProperty.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender Bank that, except as previously disclosed by Borrower to Lender in writing: (ai) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (bii) No Prohibited Activities and Conditions exist or, to the best of Borrower’s knowledge, have existed. (ciii) The Land and the Improvements do not now Property does contain any underground storage tanks, and, tanks except those disclosed to Bank and used in the best ordinary course of Borrower’s knowledge, the Land business and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies compliance with all requirements of applicable Hazardous Materials Laws. (div) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements Property in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements Property that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (ev) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements Property and allege, arise out of, or relate to any Prohibited Activity and Condition. (fvi) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority governmental authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property or any other property that is adjacent to or in the Improvementsvicinity of the Property. The representations and warranties in this Article VI Section 8 shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term terms of the Loan evidenced by Loans until the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to the best of Borrower’s knowledge, have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements CCRC in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance non-compliance with the terms of any Environmental Permit. Borrower will obtain all Environmental Permits required for the operation of the CCRC in accordance with Hazardous Materials Laws upon completion of construction and prior to occupancy of the CCRC. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI ARTICLE VIII shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Loan, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) a. Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) b. No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) c. The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) d. Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s 's ownership of the Land, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) e. There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) f. Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower Borrowers represents and warrants to Lender that, except as previously disclosed by Borrower Borrowers to Lender in writing: (a) no Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeBorrowers’ knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower Borrowers to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has Borrowers have complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has Borrowers have obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeBorrowers’ knowledge 1942134 v3 after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has Borrowers have not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrowers that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower Borrowers throughout the term of the Loan Loans evidenced by the Note Notes and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land Properties and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land Properties and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land any Property or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Properties and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land Properties and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land Properties and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Properties, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperties. The representations and warranties in this Article VI VIII shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Neither Borrower nor Guarantor nor NCBO nor PCBO nor WCBO nor the Manager has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land Property and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land Property and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land Property or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has Borrower, Guarantor, NCBO, PCBO, WCBO and the Manager have complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land Property and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Neither Borrower has not nor Guarantor nor NCBO nor PCBO nor WCBO nor Manager have received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperty. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time knowingly caused or knowingly permitted any Prohibited Activities and Conditions. (b) No To the best of Borrower’s knowledge, no Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The To the best of Borrower’s knowledge, the Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) To the best of Borrower’s knowledge, Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, to the best of Borrower’s knowledge, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents Borrowers represent and warrants warrant to Lender that, except as previously disclosed by Borrower Borrowers to Lender in writing:writing or in the Phase I Environmental Reports for the Facilities received by Lender in connection with the Loan (the “Environmental Reports”): (a) Borrower has Borrowers have not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeBorrowers’ knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower Borrowers to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has Borrowers have complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has Borrowers have obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s Borrowers’ ownership of the Land, and, to the best of Borrower’s knowledgeBorrowers’ knowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeBorrowers’ knowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has Borrowers have not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrowers that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed to Lender in environmental reports obtained by Lender in connection with the Loan and by Borrower to Lender in writingExhibit "H" attached hereto and made a part hereof: (a) Borrower has not at any time caused or or, to its knowledge, permitted any Prohibited Activities and ConditionsConditions on the Land. (b) No Prohibited Activities and Conditions exist or, or to the best of Borrower’s knowledge's knowledge after due inquiry, have existedexisted on the Land. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, Materials relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s 's ownership of the Land, Land and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations (other than future obligations of the Borrower pursuant to the provisions of this Article VI or Section 8.5 of this Agreement) have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writingwriting or identified in the Environmental Report: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to the best of Borrower’s knowledge, after reasonable and diligent inquiry, have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has and Master Tenant have complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower or Master Tenant has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article ARTICLE VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to the best of Borrower’s knowledge, have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements SNF in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance non-compliance with the terms of any Environmental Permit. Borrower will obtain all Environmental Permits required for the operation of the SNF in accordance with Hazardous Materials Laws upon completion of construction and prior to occupancy of the SNF. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI ARTICLE VIII shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Loan, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Except as disclosed in the Phase 1 Environmental Report prepared by Rxxxxx Consultants, Inc., dated April 8, 2021 and provided to Lender, Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not not, to its knowledge, at any time caused or permitted any Prohibited Activities and Conditions.; (b) No To Borrower’s knowledge, no Prohibited Activities and Conditions exist or, with respect to Borrower’s knowledge, have existed.the Facility; (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied in all material respects with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Facility, Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of To Borrower’s knowledge, no event has occurred or condition exists with respect to the Land Facility, Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, material noncompliance with any Hazardous Materials Law or the terms of any Environmental Permit.; (ed) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve involves the Land Facility, Property and/or the Improvements and or allege, arise out of, or relate to any Prohibited Activity and Condition.; (fe) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety environmental matters affecting the Land Facility, Property, the Improvements or any other property of Borrower that is adjacent to the Improvements. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in fullProperty.

Borrower’s Environmental Representations and Warranties. Each Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions.; (b) No To Borrower’s knowledge, no Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed.; (c) The Land Property and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land Property and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land Property or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws.; (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, Materials relating to the LandProperty. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land Property and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to To the best of Borrower’s knowledge, no event has occurred with respect to the Land Property and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit.; (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve involves the Land Property and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity Activity, and Condition.; (f) Borrower has not received written any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Property, the Improvements or any other property of Borrower that is adjacent to the ImprovementsProperty. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Neither Borrower nor Guarantor nor Lessee has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has Borrower, Guarantor and Lessee have complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no No event has occurred with respect to the Land and/or Improvements that constitutes orconstitutes, or with the passing of time or the giving of notice, notice would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge's knowledge after reasonable and diligent inquiry, threatened that involve the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Neither Borrower has not nor Guarantor nor Lessee have received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and Note, until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing:writing (including that certain Phase I Environmental Site Assessment prepared by EMG Corp. dated Xxxxx 00, 0000, XXX Project No. 1249545.17R000-001.051, and any other environmental reports, studies or assessments delivered to Lender in connection with the Loan) (collectively, the “Reports”): (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The To the best of Borrower’s knowledge, based upon its review of the Reports, the Land and the Improvements (i) do not now contain any underground storage tanks, and, to tanks and (ii) except for underground storage tanks disclosed by the best of Borrower’s knowledgeReports, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank presently located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge (based solely upon review of the Reports), no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full; provided, however, Borrower shall not be deemed to be in default hereunder upon Borrower’s discovery of any Prohibited Activity and Condition unless and except under circumstances where Borrower fails to take such actions as are required to eliminate such Prohibited Activity and Condition within the time period for the notice and cure thereof set forth in Section 7.1(f).

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) : Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) . No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) . The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) . Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) . There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land Table of Contents and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) . Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing: (a) Borrower has not at any time knowingly caused or knowingly permitted any Prohibited Activities and Conditions. (b) No To the best of Borrower’s knowledge, no Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The To the best of Borrower’s knowledge, the Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledge, the Land and the Improvements have not contained any underground storage tanks in the past. past If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) To the best of Borrower’s knowledge, Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Land Without limiting the generality of the foregoing, to the best of Borrower’s knowledge, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledge, no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledge, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full.

Borrower’s Environmental Representations and Warranties. Borrower represents and warrants to Lender that, except as previously disclosed by Borrower to Lender in writing:writing (including any environmental reports, studies or assessments delivered to Lender in connection with the Loan): (a) Borrower has not at any time caused or permitted any Prohibited Activities and Conditions. (b) No Prohibited Activities and Conditions exist or, to Borrower’s knowledge, or have existed. (c) The Land and the Improvements do not now contain any underground storage tanks, and, to the best of Borrower’s knowledgeknowledge (based upon its review of that certain Phase I Environmental Site Assessment prepared by ECS Southeast, LLC dated November 9, 2012 (the “Phase I Report”)), the Land and the Improvements have not contained any underground storage tanks in the past. If there is an underground storage tank located on the Land or the Improvements which has been previously disclosed by Borrower to Lender in writing, that tank complies with all requirements of Hazardous Materials Laws. (d) Borrower has complied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardous Materials, relating to the Land. Without limiting the generality of the foregoing, Borrower has obtained all Environmental Permits required for the operation of the Land and the Improvements in accordance with Hazardous Materials Laws now in effect and all such Environmental Permits are in full force and effect. During Borrower’s ownership of the Land, and, to the best of Borrower’s knowledgeknowledge (based solely upon review of the Phase I Report), no event has occurred with respect to the Land and/or Improvements that constitutes or, with the passing of time or the giving of notice, would constitute, noncompliance with the terms of any Environmental Permit. (e) There are no actions, suits, claims or proceedings pending or, to the best of Borrower’s knowledgeknowledge after reasonable and diligent inquiry, threatened that involve involves the Land and/or the Improvements and allege, arise out of, or relate to any Prohibited Activity and Condition. (f) Borrower has not received any written complaint, order, notice of violation or other communication from any Governmental Authority with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any other environmental, health or safety matters affecting the Land Land, the Improvements or any other property of Borrower that is adjacent to the ImprovementsLand. The representations and warranties in this Article VI shall be continuing representations and warranties that shall be deemed to be made by Borrower throughout the term of the Loan evidenced by the Note and until all of the Loan Obligations have been paid in full; provided, however, Borrower shall not be deemed to be in default hereunder upon Borrower’s discovery of any Prohibited Activity and Condition unless and except under circumstances where Borrower fails to take such actions as are required to eliminate such Prohibited Activity and Condition within the time period for the notice and cure thereof set forth in Section 7.1(f).