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20]20287]
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Assignor has no Knowledge of or
<br />reason to believe there is any pending or threatened investigation; claim, or proceeding of any kind
<br />relating TO (1) any Hazardous Substance located pn, under or about the Property; or (2) any violation by
<br />Assignor or any tenant of any Environmental Law. Assignor wili immediately notify Lender in writing as
<br />soon as Assignor has reason to believe there is any such pending or threatened investigation, claim. or
<br />proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such
<br />proceeding including the right to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Assignor and every tenant have
<br />been, are and will remain in full compliance with any applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or wall will
<br />be added unless lender first consents In writing.
<br />G. Assignor will regularly inspect the Property, monitor the activ[ties and operations on the [Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained
<br />and complied with.
<br />H. Assignor will permit, or cause any tenant to permit, Lender or tender's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, locatior. and
<br />nature of any Hazardous Substance on, under or about the Propertv; (2) the existence, location, nature,
<br />and Magnitude of any Hazardous Substance that has been released on, under or about the Property; or
<br />13) whether or not Assignor and any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Assignor agrees, at Assignor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of
<br />such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to
<br />Lender's approval.
<br />J. Lender has the right, but not the obligation, to perform any of Assignor's obligations under this section
<br />at Assignor's expense.
<br />K- As a consequence of any breach of any representation, warranty or promise made in this section,
<br />(1) Assignor will indemnify and hold Lender and Lender's successors or assigns harmless from and
<br />against all losses, claims, demands, liabilities, damages, cleanup, response and remediatiarl costs,
<br />penalties and expenses to the extent permitted by law, inclucing without limitation all costs of litigation
<br />and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's
<br />discretion, Lender may release this Assignment and in return Assignor will provide Lender with collateral
<br />of at least equal value to the Property secured by this Assignment without prejudice to any of Lender's
<br />rights under this Assignment.
<br />L. Notwithstanding any of the language contained in this Azaignment to the contrary, the tarms of this
<br />section will survive any foreclosure or satisfaction of this Assignment regardless of any passage of title
<br />To Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the
<br />contrary are hereby waived.
<br />11 TEAM, This Assignment will remain in full force and effect until the Secured Debts are paid or otherwise
<br />discharged and Lender is no longer obligated to advance funds under any loan or credit agreement which is
<br />a part of the Secured Debts. If any or all payments of the Secured Debts are subsequently invalidated,
<br />declared void or voidable, or set aside and a-e required to be repaid to a trustee, custodian, receiver or any
<br />other party under any bankruptcy act or other state or federal lat ^), then the Secured Debts will be revived
<br />and will continue in full force and effect as if this payment had not been made.
<br />16. CG- SIGNERS. If Assignor signs this Assignment but does not sign the Secured Debts, Assignor does so on:y
<br />to assign Assignor's interest in the Property to secure payment of the Secured Debts and Assignor does not
<br />agree to be personally liable on the Secured Debts. If this Assignment secures a guaranty between Lender
<br />and Assignor, Assignor agrees to waive any rights that may prevent Lender from bringing any action or
<br />claim against Assignor or any party indebted under the obligation. These rights may include, but are not
<br />limited to, any anti - deficiency or one - action taws.
<br />17. WAIVERS- Except to the extent prohibited by law, Assignor waives all appraiseri and homestead
<br />exemption rights relating to the Property.
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