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CONDITION,MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE,
<br /> WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, OR
<br /> (WITHOUT LIMITATION)TO ANY OF THE FOLLOWING MATTERS:
<br /> i. Proneriy. The nature,square footage, condition,value, or quality
<br /> of the geology,or the suitability of the Property for any and all activities and uses
<br /> which Donee may elect to conduct thereon;
<br /> ii. Condition.The manner,construction,condition,quality,the state
<br /> of repair or lack of repair of any of the Property;
<br /> iii. Soils. Etc. Soils, seismic, hydrological, geological and
<br /> topographical conditions and configurations;
<br /> iv. Artifacts. Archeological, prehistoric and historic artifacts,
<br /> remains and relics;
<br /> V. Endangered Species. Endangered plant, animal, and insect
<br /> species;
<br /> vi. Hazardous Materials. Hazardous Materials and other
<br /> environmental conditions;
<br /> vii. Assessment Districts. The status and nature of any assessment
<br /> districts and the amount of any assessment liability;
<br /> viii. Planning and Zoning. Present, past, or future conformity of the
<br /> Property with planning, building,zoning, subdivision and development statutes,
<br /> ordinances,regulations and permits,the general plan and the specific plan;
<br /> ix. Development Fees. The character and amount of any fee, charge
<br /> or other consideration which must be paid by Donee to develop the Property;
<br /> X. Title. The condition of title to the Property, including but not
<br /> limited to the existence of any easement,license or encroachment on the Property
<br /> whether or not a matter of public record, and whether or not visible upon
<br /> inspection of the Property;
<br /> xi. Ri hts. The nature and extent of any right of way, lease,
<br /> possession,lien,encumbrance,license,reservation,condition,or otherwise;
<br /> xii. Taxes.The status of any general or special real property taxes or
<br /> assessments or personal property taxes or any other taxes and assessments
<br /> applicable to the Property;
<br /> xiii. Legal Compliance. Compliance of the Property, its operation, or
<br /> use with any laws, rules, ordinances, or regulations of any government or other
<br /> body;
<br /> xiv. Income Expectation. Any income expected to be derived from
<br /> the Property;and
<br /> XV. Other Matters.Any other matter relating to the Property or to the
<br /> development of the Property or operation of the Property, including, but not
<br /> limited to, value, feasibility, cost, governmental permissions or entitlements,
<br /> marketability and investment return.
<br /> b. Release. DONEE FULLY RELEASES AND DISCHARGES DONOR
<br /> FROM AND RELINQUISHES ALL RIGHTS, CLAIMS AND ACTIONS THAT DONEE MAY
<br /> HAVE OR ACQUIRE AGAINST DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY
<br /> CONNECTED WITH THE CONDITION OF THE PROPERTY, INCLUDING WITHOUT
<br /> LIMITATION (A) ANY MATTER SET FORTH IN SECTION 5(a) ABOVE, (B) THE
<br /> PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE PROPERTY
<br /> (INCLUDING BUT NOT LINIITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS
<br /> LOCATED BENEATH THE SURFACE OF THE PROPERTY)AND (C)VIOLATIONS OF ANY
<br /> -3-
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