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<br />Hazardous Materials in, on, under, or about the Trust Estate, so as to remain in compliance with
<br />all Environmental Laws.
<br />(2) All underground tanks, wells, septic tanks, ponds, pits, or any other
<br />storage tanks (whether currently in use or abandoned) on the Trust Estate, if any, are, as of the
<br />date hereof, maintained in compliance with all applicable Environmental Laws.
<br />(C) Notice of Environmental Problems or Litigation. Neither the Grantor
<br />nor any of its tenants have given, nor were they required to give, nor have they received, any
<br />notice, letter, citation, order, warning, complaint, inquiry, claim or demand that: (1) the Grantor
<br />and/or any tenants have violated, or are about to violate, any Environmental Law, judgment or
<br />order; (2) there has been a release, or there is a threat of release, of Hazardous Materials from the
<br />Trust Estate; (3) the Grantor and/or its tenants may be or are liable, in whole or in part, for the
<br />costs of cleaning up, remediating, removing or responding to a release or a threatened release of
<br />Hazardous Materials; or (4) the Trust Estate is subject to a Lien in favor of any governmental
<br />entity for any liability, costs or damages, under any Environmental Law arising from, or costs
<br />incurred by such governmental entity in response to, a release or a threatened release of a
<br />Hazardous Material. The Grantor further represents and warrants that no conditions currently
<br />exist or are currently reasonably foreseeable that would subject the Grantor to any such
<br />investigation, litigation, administrative enforcement or to any damages, penalties, injunctive
<br />relief, or cleanup costs under any Environmental Law. Upon receipt of any such notice, the
<br />Grantor and its tenants shall immediately provide a copy to the Beneficiary.
<br />(D) Right of Inspection. The Grantor hereby grants, and will cause any
<br />tenants to grant, to the Beneficiary, its agents, attorneys, employees, consultants, contractors,
<br />successors and assigns, an irrevocable license and authorization, upon reasonable notice, to enter
<br />upon and inspect the Trust Estate and facilities thereon, and perform such tests, including without
<br />limitation, subsurface testing, soils and groundwater testing, and other tests which may physically
<br />invade the Trust Estate, as the Beneficiary, in its sole discretion, determines are necessary to
<br />protect its security interest; provided, however, that under no circumstances shall the Beneficiary
<br />be obligated to perform such inspections or tests.
<br />(E) Indemnity. The Grantor agrees to indemnify and hold the Beneficiary, its
<br />directors, employees, agents, and its successors and assigns, harmless from and against any and
<br />all claims, losses, damages, liabilities, fines, penalties, charges, judgments, administrative orders,
<br />remedial action requirements, enforcement actions of any kind, and all costs and expenses
<br />incurred in connection therewith (including without limitation attorney's fees and expenses)
<br />arising directly or indirectly, in whole or in part, out of any failure of the Grantor to comply with
<br />the environmental representations, warranties, and covenants contained herein.
<br />(F) Continuation of Representations, Warranties, Covenants and
<br />Indemnities. The Grantor' s representations, warranties, covenants, and indemnities contained
<br />herein shall survive the occurrence of any event whatsoever, including, without limitation, the
<br />satisfaction of the Obligations secured hereby, the reconveyance or foreclosure of this Deed of
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