REPRESENTATIONS BY THE MORTGAGOR. The Mortgagor hereby represents to the Mortgagee that: (a) to the best of Mortgagor’s knowledge the Mortgaged Property has never been used either by previous owners or occupants or by the Mortgagor or current occupants to generate, manufacture, refine, transport, treat, store, handle or dispose of any Hazardous Wastes or Substances and no such material, substance or waste currently exists on the Mortgaged Property or in its soil or groundwater (except such solvents, cleaning materials and other substances in nominal amounts as are used in connection with the operation or maintenance of the Mortgaged Property and in compliance with applicable Laws); (b) to the best of Mortgagor’s knowledge without investigation, no portion of the Improvements on the Mortgaged Property has been constructed using Hazardous Wastes or Substances; (c) to the best of Mortgagor’s knowledge without investigation, the Mortgaged Property has never contained any underground or above ground storage tanks; and (d) the Mortgagor has not received nor does it have any knowledge of any summons, citation, directive, letter or other communication, written or oral, from any local, state or federal agency or department concerning (i) the existence of Hazardous Wastes or Substances on the Mortgaged Property (except such solvents, cleaning materials and other substances in nominal amounts as are used in connection with the operation or maintenance of the Mortgaged Property and in compliance with applicable Laws) or (ii) any intentional or unintentional action or omission on the part of the Mortgagor or any occupant of the Mortgaged Property resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of Hazardous Wastes or Substances onto the Mortgaged Property or into waters or other lands.
REPRESENTATIONS BY THE MORTGAGOR. The Mortgagor hereby represents to the Mortgagee that the Mortgagor has made a diligent inquiry and to the best of its knowledge except as disclosed to the Mortgagee in writing prior to the date hereof: (a) all or any part of the Premises has never been used either by previous owners or occupants or by the Mortgagor or current occupants to generate, manufacture, refine, transport, treat, store, handle or dispose of any Hazardous Materials or Wastes and no such Hazardous Material or Waste currently exists on the Premises or in its soil or groundwater; (b) no portion of the improvements on the Premises has been constructed with asbestos, asbestos-containing materials, urea formaldehyde insulation or any other chemical material or substance that may be a hazard to health or the environment; (c) there are no transformers, capacitors or other electrical or hydraulic equipment which have dielectric fluid-containing PCBs located in, on or under the Premises; (d) the Premises has never contained any underground storage tanks; and (e) neither the Mortgagor nor its predecessor in interest has received nor has any knowledge of any summons, citation, directive, letter or other communication, written or oral, from any local, state or federal governmental agency concerning (i) the existence of Hazardous Materials or Wastes on the Premises or in the immediate vicinity or (ii) any releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of Hazardous Materials or Wastes, whether intentional, unintentional or otherwise, onto the Premises or into waters or other lands at any time.
REPRESENTATIONS BY THE MORTGAGOR. Each Mortgagor represents that: (a) it is well and truly seized of good and marketable fee simple title to the real property comprising the Premises and it is the lawful owner of the personal property comprising the Premises, subject only to Permitted Encumbrances; (b) the execution and delivery of this Mortgage and the performance of the obligations it imposes do not violate any law, conflict with any agreement by which it is bound or require the consent or approval of any governmental authority or any third party; (c) this Mortgage is a valid and binding agreement enforceable according to its terms; (d) any balance sheets, profit and loss statements, and other financial statements furnished to the Mortgagee in connection with the Liabilities are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates; and (e) it shall not permit any proceedings in foreclosure or otherwise that would affect the Premises. Each Mortgagor, other than a natural person, further represents that: (i) it is duly organized, existing and in good standing pursuant to the laws under which it is organized and (ii) the execution and delivery of this Mortgage and the performance of the obligations it imposes (A) are within its powers and have been duly authorized by all necessary action of its governing body and (B) do not contravene the terms of its articles of incorporation or organization, its by-laws, or any partnership, operating or other agreement governing its affairs.
REPRESENTATIONS BY THE MORTGAGOR. 6 7. INSURANCE...........................................................6 8.
REPRESENTATIONS BY THE MORTGAGOR. The Mortgagor hereby represents and warrants to the Agent that at the date of this Mortgage the Mortgagor is the sole legal and beneficial owner of the Mortgaged Property and that the Mortgaged Property is free from all Encumbrances.
