Common use of Grantor's Warranties Clause in Contracts

Grantor's Warranties. Grantor hereby represents and warrants that: Grantor 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 Grantor, 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 Grantor, 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 Grantor or any affiliate of Grantor, and no above or underground storage tanks exist on the Land. Grantor 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, Grantor 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 Grantor nor, to the knowledge of Grantor, any prior owner or operator of the Mortgaged Property has been or is involved in operations at the Land which could lead to the imposition on Grantor or any subsequent owner of the Land of liability under Environmental Laws.

Appears in 2 contracts

Sources: Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Deed of Trust (Westway Group, Inc.)

Grantor's Warranties. Grantor hereby represents and warrants that: Grantor 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 investigationsbest of its knowledge: (a) Except in accordance with all Government Requirements of Law or the terms of a valid permit, studies and tests have disclosed no Hazardous Materials license, certificate, or Violations approval of Environmental Lawsthe requisite government authority, except or as set forth provided for 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 Assessment Report (as set forth that term is defined in the Environmental Reports, to the knowledge of Grantor, there have been no releases of Hazardous Materials either at, upon, under or within the Land, Loan Agreement and no Hazardous Materials have migrated to the Land from neighboring properties. Except as set forth in the Environmental Reports, to the knowledge of Grantor, is hereafter used) no Hazardous Materials are located on the Mortgaged Property, and neither Grantor nor, any other person has ever caused or have been storedpermitted any Hazardous Materials to be placed, processed held, located or disposed of on, under or released or discharged from (including discharges to groundwater), at the Land Mortgaged Property or any other adjoining property currently owned part thereof; except in accordance with all Governmental Requirements or operated by Grantor the terms of a valid permit, license, certificate, or any affiliate approval of Grantorthe requisite governmental authority; (b) Except in accordance with all Governmental Requirements or the terms of a valid permit, and license, certificate, or approval of the requisite governmental authority, or as provided for in the Environmental Assessment Report, no above or underground storage tanks exist on the Land. Grantor has not received notice from any Governmental Authority, any tenant or other occupant part of the Mortgaged Property is being used or, has been used at any previous time for the disposal, storage, treatment, processing or from any other person with respect to any release handling of Hazardous Materials atMaterials; (c) Except in accordance with all Governmental Requirements or the terms of a valid permit, uponlicense, under certificate, or within approval of the Landrequisite governmental authority, and or as provided for in the Environmental Assessment Report, no property adjoining the Mortgaged Property is being used, or has ever been used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials; (d) 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 LandMortgaged Property. The Land Mortgaged Property is not currently on, and to Grantor's knowledge, after diligent investigation and inquiry, has never been on, any federal or state "Superfund" or "Superlien" list. Except as set forth in the Environmental Reports, Grantor 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 Grantor nor, to the knowledge of Grantor, any prior owner or operator of the Mortgaged Property has been or is involved in operations at the Land which could lead to the imposition on Grantor or any subsequent owner of the Land of liability under Environmental Laws.

Appears in 1 contract

Sources: Loan Agreement (Hartman Commercial Properties Reit)