2007-IDA-12A Altom Transport, Inc- name change

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M O N 00 C� M O n estate and liens created by the Grantor, but only to the extent that same are applicable to and enforceable against the Property, as well as taxes for the current year which Grantee assumes and agrees to pay and subsequent assessments for the current year and prior years due to changes in land usage or ownership (subsequent to the Effective Date), or both, the payment of which Grantee assumes. Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold unto Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty. But it is expressly agreed that the Vendor's Lien, as well as superior title in and to the Property, are retained against the Property, premises and improvements until the Note and all interest thereon are fully paid according to the face, tenor, effect and reading of the Note, when this Deed will become absolute. Lender, at the instance and request of Grantee, has advanced and paid in cash to Grantor that portion of the purchase price of the Property which is evidenced by the Note. The Vendor's Lien, together with the superior title to the Property, are retained for the benefit of Lender and are TRANSFERRED AND ASSIGNED to Lender without recourse against Grantor. The Grantee acknowledges that certain `Hazardous Materials" and "Toxic Substances", as those terms are commonly understood, are being removed from the Momentum Equipment and that "Hazardous Materials" and "Toxic Substances" may have been placed on, stored or disposed of on the Property as a result of the activities of prior occupants on the Property. The Grantee accepts the Property "AS IS WHERE IS, WITH ALL FAULTS" in its current condition and acknowledges that the Grantor has no liability or responsibility to remediate, remove, or otherwise clean up any "Hazardous Material" or "Toxic Substance" placed on, stored or disposed of on the Property by prior occupants. The Grantee acknowledges that it has been given access to the Property and that: (a) it has investigated and is familiar with the activities of the prior occupants on the Property related to the equipment abandoned on the Property by the prior occupants ("Abandoned Equipment"); and (b) it has investigated and is familiar with the "Hazardous Materials"/ "Toxic Substance" remediation activities related to the Abandoned Equipment or the remediation of "Hazardous Materials" or "Toxic Substances" which may be present on the Property as a result of the prior occupants. Grantor and Grantee have as of the date of the deed, prorated property taxes based upon (i) the 2011 taxes; and (ii) the period of ownership of Grantor and Grantee during 2012. Grantor and Grantee will readjust the proration of 2012 year property taxes when the final taxable value of the Property and the tax rate for the year has been established. Grantor and Grantee by their delivery and acceptance of this deed have agreed to pay or refund, as applicable, within 10 days of receiving notice, the difference C:\Users\Public\Documents\doc06\298319.doc 7/30/2012