Mortgagor's Warranties. Mortgagor hereby represents and warrants that: Mortgagor has performed or caused to be performed reasonable investigations, studies and tests as to any possible environmental contamination, remedial obligation, liabilities or problems with respect to the Land and such investigations, studies and tests have disclosed no Hazardous Materials or Violations of Environmental Laws, except as set forth in the Environmental Reports. As used in this Article 7, any references to "Violations" of an Environmental Law shall also include any failure to comply with any such Environmental Law and any act, omission or condition which subjects any past, present or future owner or operator of, or lienholder secured by, the Land, to liability, or imposes remedial obligations on such owner, operator or lienholder, under such Environmental Law. Except as set forth in the Environmental Reports, to the knowledge of Mortgagor, there have been no releases of Hazardous Materials either at, upon, under or within the Land, and no Hazardous Materials have migrated to the Land from neighboring properties. Except as set forth in the Environmental Reports, to the knowledge of Mortgagor, no Hazardous Materials are located on or have been stored, processed or disposed of on, or released or discharged from (including discharges to groundwater), the Land or any other adjoining property currently owned or operated by Mortgagor or any affiliate of Mortgagor, and no above or underground storage tanks exist on the Land. Mortgagor has not received notice from any Governmental Authority, any tenant or other occupant of the Mortgaged Property or from any other person with respect to any release of Hazardous Materials at, upon, under or within the Land, and no investigation, administrative order, consent order and agreement, litigation or settlement with respect to Hazardous Materials or Hazardous Materials Contamination is proposed, threatened, anticipated or in existence with respect to the Land. The Land is not currently on, and has never been on, any federal or state "Superfund" or "Superlien" list. Except as set forth in the Environmental Reports, Mortgagor possesses all permits, licenses, registrations, and similar authorizations required to operate the Mortgaged Property under Environmental Laws, and the Mortgaged Property and all operations conducted thereon are currently in compliance with all Environmental Laws. Except as set forth in the Environmental Reports, neither Mortgagor nor, to the ...
Mortgagor's Warranties. Mortgagor warrants that: (i) this Security Instrument is executed at the request of Third Party Borrower; and (ii) Mortgagor has adequate means of obtaining from Third Party Borrower on a continuing basis financial and other information pertaining to Third Party Borrower's financial condition without relying on Mortgagee therefor. Mortgagor agrees to keep adequately informed from such means of any facts, events or circumstances which Mortgagor considers material or which might in any way affect Mortgagor's risks hereunder. With respect to information or material acquired in the normal course of Mortgagee's relationship with Third Party Borrower, Mortgagor agrees that Mortgagee shall have no obligation to disclose such information or material to Mortgagor.
Mortgagor's Warranties. The Mortgagor represents and warrants that: (i) there is a pre- existing mortgage, debt modification agreement and promissory note held as liens against the Mortgaged Property; (ii) except for the aforementioned documents and liens, the Mortgagor is seized of an indefeasible estate in fee simple in the real property and absolute ownership of the personal property comprising the Mortgaged Property; (iii) the Mortgagor has full right to mortgage the Mortgaged Property; (iv) except for the aforementioned liens against the Mortgaged Property, the Mortgaged Property is free and clear of any other general and special taxes, liens, charges and encumbrances of every kind and character; and (v) except for the aforementioned pre- existing liens, the Mortgagor hereby warrants and shall forever defend the title to the Mortgaged Property against the claims of all other persons or entities whomsoever.
Mortgagor's Warranties. Mortgagor hereby warrants and represents to Mortgagee that: (a) there has not, at any time during Mortgagor’s ownership of the Land, nor at any time prior to Mortgagor’s ownership of the Land, been any “release” (as defined in 42 U.S.C. § 9601(22)) or threat of a “release” by Mortgagor or any third party of any Hazardous Substances on, about, or to the best of Mortgagor’s knowledge, near the Land (including adjacent or nearby properties) which could have come to be located upon the Land or in the water or the groundwater thereon or thereunder; (b) no part of the Land is or has been used at any time during Mortgagor’s ownership of the Land nor at any time prior to Mortgagor’s ownership of the Land as the site of any handling, treatment, storage, refining or disposal of any Hazardous Substances; (c) no part of the Land is or has been at any time during Mortgagor’s ownership of the Land nor at any time prior to Mortgagor’s ownership of the Land, a “facility” (as defined in 42 U.S.C. § 9601(9)(B)); (d) no asbestos or asbestos-containing materials are located in or have been installed, used, incorporated into or disposed of on or about the Mortgaged Property; (e) no polychlorinated biphenyls are located on or about the Mortgaged Property, including without limitation in any electrical transformers or in fluorescent light fixtures or ballasts; (f) except as previously disclosed to Mortgagee, there have been no environmental investigations, studies, audits, tests, reviews or other analyses of or relating to the Land; (g) there are no conditions on or about the Land which are violative of any Environmental Laws, and the Land and the existing uses (and all prior uses known to Mortgagor) of the Land comply with all Environmental Laws; and (h) no claims or demands have been asserted or made by any third parties arising out of, relating to or in connection with any Hazardous Substances on or about or allegedly on or about the Land for any injuries suffered or incurred or allegedly suffered or incurred by reason of any of the foregoing. The representations and warranties contained in this Section 16.1 shall, insofar as they relate to the Land, be deemed to be continuing and Mortgagor covenants and agrees that said representations and warranties shall remain true and correct in all material respects until the Secured Obligations have been paid in full.
