Status of Real Property Clause Samples

Status of Real Property. Neither Company nor Shareholder has received any notice of noncompliance with respect to real property on which any of the Assets are located (the "Real Property") with any applicable statutes, laws, codes, ordinances, regulations or requirements relating to fire, safety, health or environmental matters or noncompliance with any covenants, conditions and restrictions (whether or not of record) or local, municipal, regional, state or federal requirements or regulations. To the best of Company's and Shareholder's knowledge, there has been no release or discharge on or under the Real Property by the Company of any toxic or hazardous substance, material or waste which is or has been regulated by any governmental or quasi-governmental authority or is or has been listed as toxic or hazardous under any applicable local, state or federal law. To the best of the Company's and Shareholder's knowledge, there are no subsurface or other conditions related to toxic or hazardous waste affecting the Real Property or any portion or component thereof, and there are no underground storage tanks located on the Real Property.

Status of Real Property. None of the Real Property is listed, or to the knowledge of Seller proposed for listing on, (i) the National Priorities List under CERCLA, (ii) CERCLIS or (iii) any list established by a Governmental Body of sites potentially requiring Environmental Remedial Action.

Status of Real Property. All owned and leased real property used by the Company has been operated and is in compliance with all material respects with all Environmental and Safety Requirements, including all Applicable Laws related to underground and/or above ground petroleum storage tanks. The Company and its Affiliates have complied in all material respects with all Applicable Laws, including Environmental and Safety Requirements, and have obtained or taken appropriate steps, as required by such laws, to obtain all environmental, health and safety permits, consents, approvals, licenses and other authorizations necessary for the ownership, lease and operation of the Company's business. To the Knowledge of the Company, all Real Property on which operations of the Company are conducted are free of any and all environmental conditions and hazardous materials and is not subject to any environmental claim or "super fund"-type Encumbrances arising from the release or threatened release of any hazardous materials in, on, about or under such Real Property.

Status of Real Property. None of the Vendors nor the Corporation have received any notice that the Leased Real Property or the operation or maintenance thereof, violates any restrictive covenant or any provision of any federal, state or municipal law, ordinance, rule or regulation, or encroaches on any property owned by others. Without limiting the generality of the foregoing: (a) except as set forth in Schedule 3.9(a), none of the Vendors nor the Corporation have received any notice from any Governmental Entity and none of the Vendors has any knowledge that the Leased Real Property, the current uses thereof and the conduct of the Business do not comply with all Laws including, without limitation, Laws dealing with zoning, parking, access, loading facilities, landscaped areas, building construction, fire and public health and safety and Environmental Laws; (b) except as set forth in Schedule 3.9(a), no alteration, repair, improvement or other work has been ordered, directed or requested in writing by any Governmental Entity to be done or performed to or in respect of the Leased Real Property to any of the plumbing, heating, elevating, water, drainage or electrical systems, fixtures or works by any municipal, state or other competent authority, which alteration, repair, improvement or other work has not been completed, and no written notification has been received by the Corporation of any such outstanding work being ordered, directed or requested, other than those which have been complied with in all respects; (c) all accounts for work and services performed and materials placed or furnished upon or in respect of the Leased Real Property at the request of the Corporation have been fully paid and satisfied, and no person having performed such work or services or having placed or furnished such material is entitled to claim any Encumbrance against the Leased Real Property or any part thereof, other than current accounts in respect of which the payment due date has not yet passed; (d) except as set forth in Schedule 3.9(d), none of the Vendors nor the Corporation have received any notice from any Governmental Entity and none of the Vendors has any knowledge that there are amounts owing in respect of the Leased Real Property by the Corporation to any municipal corporation or to any other person or commission owning or operating a public utility for water, gas, electrical power or energy, steam or hot water, or for the use thereof, other than current accounts in respect of which the pa...

Status of Real Property. The Target is entitled to use all of ----------------------- the Real Property for the purposes for which it is now being used by the Target without violation of any building code, zoning or other ordinance. The buildings, structures, fixtures and improvements on each parcel of the Real Property lie entirely within the boundaries of such parcel of the Real Property as specified in the legal description set forth in Schedule 2.21(a) or Schedule ---------------- -------- 2.21(b) and no structures of any kind encroach on the Real Property. The Target ------- has not received any notice (oral or written) from any insurance carrier in relation to the Real Property which could have an adverse effect on the insurance coverage or premiums relating to the Real Property or improvements thereon.

Status of Real Property. None of the Real Property is listed, or to the knowledge of the Comfort Systems Group, proposed for listing, on (i) the National Priorities List under CERCLA, (ii) CERCLIS or (iii) any list established by a Governmental Body of sites potentially requiring Environmental Remedial Action.

Status of Real Property. To the Knowledge of NSC, none of the Real Property is listed or proposed for listing on (i) the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), (ii) the Comprehensive Environmental Response, Compensation and Liability Information System ("CERCLIS") or (iii) any list established by a Governmental Body of sites potentially requiring environmental remedial action.

Status of Real Property. As of the date hereof: (a) not fewer than 262,854 square feet of net rentable area of the Improvements are physically occupied by Lessees; (b) all of the Lessees together are paying gross annual rentals of not less than $1,012,488; (c) all of the Improvements are in tenantable condition (except, in the case of space not yet occupied, for tenant finish items and fixtures required for a particular Lessee's use); (d) there are no elevators located in the Improvements; (e) there are (and throughout the term of the Loan shall continue to be) not fewer than 203 paved parking spaces at the Property, including 49 truck spaces and 7 parking spaces suitable for handicap vehicles; (f) there has been no material damage to the Real Property or undue settlement of the Improvements;

Status of Real Property. Farmland represents that, at the request of CHS, it has ordered a Title Insurance Commitment to be delivered to CHS, committing the issuing insurance company to issue title insurance insuring marketable title of the Real Property included in the Assets to be conveyed hereunder, free and clear of liens, claims, restrictions, encumbrances, or encroachments except for the Permitted Encumbrances. CHS shall be allowed a reasonable time after receipt of the title commitment for the making of any objections to the status of the title of the Real Property. If any objections to the status of the title of the Real Property are made by CHS, Farmland shall make reasonable efforts to resolve such objections as soon as practicable after its receipt of any such notice of objections from CHS. All expenses incurred by Farmland in resolving any such objection(s) shall be Farmland's sole responsibility to pay. In the event that any objection as to title has not been resolved prior to the Closing Date, either the Closing Date shall be delayed until all such objections have been resolved, or upon a mutual agreement of the parties, the Purchase Price set forth herein shall be reduced by an amount which is mutually acceptable to CHS and Farmland, and CHS shall take such Real Property subject to such defect(s) in title.