A
WHOLE.
5.3.6
ENVIRONMENTAL MATTERS. EXCEPT AS SET FORTH IN THE ENVIRONMENTAL
REPORTS LISTED IN SCHEDULE 5.3.6, COPIES OF WHICH HAVE PREVIOUSLY BEEN DELIVERED
TO PURCHASER OR AS OTHERWISE DISCLOSED TO PURCHASER, TO SELLER'S KNOWLEDGE, NONE
OF SELLER, THE TRANSFERRED COMPANIES, THE PROPERTY MANAGERS OR ILLINOIS MANAGER
HAVE RECEIVED WRITTEN NOTIFICATION THAT ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL
AUTHORITY HAS DETERMINED THAT THERE ARE ANY VIOLATIONS OF ENVIRONMENTAL
STATUTES, ORDINANCES OR REGULATIONS AFFECTING THE PROPERTY. AS USED HEREIN,
"HAZARDOUS SUBSTANCES" MEANS ALL HAZARDOUS OR TOXIC MATERIALS, SUBSTANCES,
POLLUTANTS, CONTAMINANTS, OR WASTES CURRENTLY IDENTIFIED AS A HAZARDOUS
SUBSTANCE OR WASTE IN THE COMPREHENSIVE ENVIRONMENTAL
30
RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (COMMONLY KNOWN AS "CERCLA"),
AS AMENDED, THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (COMMONLY KNOWN AS
"SARA"), THE RESOURCE CONSERVATION AND RECOVERY ACT (COMMONLY KNOWN AS "RCRA"),
OR ANY OTHER FEDERAL, STATE OR LOCAL LEGISLATION OR ORDINANCES APPLICABLE TO THE
PROPERTY.
5.3.7
DEFECT NOTICES. TO SELLER'S KNOWLEDGE, NONE OF SELLER, THE TRANSFERRED
COMPANIES, THE PROPERTY MANAGERS, OR ILLINOIS MANAGER HAVE RECEIVED ANY NOTICE
FROM THE HOLDERS OF ANY MORTGAGES PRESENTLY ENCUMBERING THE PROPERTY, ANY
INSURANCE COMPANY WHICH HAS ISSUED A POLICY WITH RESPECT TO THE PROPERTY OR FROM
ANY BOARD OF FIRE UNDERWRITERS CLAIMING ANY DEFECTS OR DEFICIENCIES IN THE
PROPERTY OR SUGGESTING OR REQUESTING THE PERFORMANCE OF ANY REPAIRS, ALTERATIONS
OR OTHER WORK TO THE PROPERTY, WHICH HAVE NOT BEEN CURED.
5.3.8
UTILITIES. TO SELLER'S KNOWLEDGE, NONE OF SELLER, THE TRANSFERRED
COMPANIES, THE PROPERTY MANAGERS, OR ILLINOIS MANAGER HAVE RECEIVED ANY WRITTEN
NOTICE OF ACTUAL OR THREATENED REDUCTION OR CURTAILMENT OF ANY UTILITY SERVICE
CURRENTLY SUPPLIED TO THE PROPERTY.
5.3.9
INTENTIONALLY OMITTED.
5.3.10
MUNICIPAL IMPROVEMENTS. TO SELLER'S KNOWLEDGE: (I) ALL STREET PAVING,
CURBING, SANITARY SEWERS, STORM SEWERS AND OTHER MUNICIPAL OR OTHER GOVERNMENTAL
IMPROVEMENTS WHICH HAVE BEEN CONSTRUCTED OR INSTALLED HAVE BEEN PAID FOR AND
WILL NOT HEREAFTER BE ASSESSED; (II) ALL ASSESSMENTS HERETOFORE MADE HAVE BEEN
PAID IN FULL; AND (III) THERE ARE NO PRIVATE CONTRACTUAL OBLIGATIONS RELATING TO
THE INSTALLATION OF OR CONNECTION TO ANY SANITARY SEWERS OR STORM SEWERS OR
OTHER MUNICIPAL IMPROVEMENTS.
5.3.11
SPECIAL ASSESSMENTS/TAX APPEALS. TO SELLER'S KNOWLEDGE AND EXCEPT AS
SHOWN ON ANY TAX BILLS DELIVERED TO PURCHASER AND/OR IN THE TITLE COMMITMENT,
NONE OF SELLER, THE TRANSFERRED COMPANIES, THE PROPERTY MANAGERS OR ILLINOIS
MANAGER HAVE RECEIVED ANY NOTICE OF ANY SPECIAL ASSESSMENT WHICH AFFECTS THE
PROPERTY. EXCEPT AS SHOWN ON SCHEDULE 5.3.11, THERE ARE NO PENDING TAX APPEALS
WITH RESPECT TO REAL PROPERTY TAXES OR ASSESSMENTS AGAINST THE PROPERTY.
5.3.12
NO OTHER PURCHASE RIGHTS. NO PERSON, FIRM OR ENTITY, OTHER THAN
PURCHASER HAS ANY RIGHT TO ACQUIRE THE SHARES OR ANY INTEREST IN THE PROPERTY OR
ANY PART THEREOF.
5.3.13
INSURANCE. THE COMMERCIAL GENERAL LIABILITY POLICY AND COMMERCIAL
UMBRELLA POLICIES PROVIDING COVERAGE FOR THE BENEFIT OF THE TRUSTS OR THE
PROPERTY LLCS OR WITH RESPECT TO THE PROPERTY (COLLECTIVELY, THE "LIABILITY
POLICIES") ARE SET FORTH ON SCHEDULE 5.3.13 HEREOF AND INCLUDE THE APPLICABLE
PROPERTY LLC AS A NAMED INSURED AND EACH INDIVIDUAL PROPERTY