LEGAL EFFECT OF SECTION. Trustor and Beneficiary agree that: (i) this Hazardous Materials Section is intended as Beneficiary's written request for information (and Trustor's response) concerning the environmental condition of the real property security as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty and covenant in this Section (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by Beneficiary and Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736.
Appears in 4 contracts
Samples: Deed of Trust (Protein Design Labs Inc/De), Leasehold Deed of Trust (Inland Western Retail Real Estate Trust Inc), Deed of Trust (Protein Design Labs Inc/De)
LEGAL EFFECT OF SECTION. Trustor Borrower and Beneficiary Lender agree that: (i) this Hazardous Materials Section is intended as Beneficiary's Lender’s written request for information (and Trustor's Borrower’s response) concerning the environmental condition of the real property security as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty and covenant in this Section (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by Beneficiary Lender and Trustor Borrower to be an "“environmental provision" ” for purposes of California Code of Civil Procedure Section 736.
Appears in 3 contracts
Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
LEGAL EFFECT OF SECTION. Trustor and Beneficiary agree that: (i) this Hazardous Materials Section is intended as Beneficiary's ’s written request for information (and Trustor's ’s response) concerning the environmental condition of the real property security as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty and covenant in this Section (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by Beneficiary and Trustor to be an "“environmental provision" ” for purposes of California Code of Civil Procedure Section 736.
Appears in 1 contract
Samples: Deed of Trust (KBS Real Estate Investment Trust, Inc.)
LEGAL EFFECT OF SECTION. Trustor and Beneficiary agree that: (i) this Hazardous Materials Section is intended as Beneficiary's written request for information (and Trustor's response) concerning the environmental condition of the real property security as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty and covenant in this Section (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Subject Property is intended by Beneficiary and Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736.
Appears in 1 contract
Samples: Deed of Trust (Prudential Bache Equitec Real Estate Partnership)
