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<br />purposes does not violate any applicable law, statute, ordinance, . rule, regulation, order or
<br />determination of any governmental authority or any board of fire underwriters (or other
<br />body exercising similar functions), or any restrictive covenant or deed restriction (record
<br />or otherwise) affecting the Mortgaged Property, including, without limitation, all
<br />applicable zoning ordinances and building codes, flood disaster laws and health and
<br />environmental laws and regulations (hereinafter sometimes collectively called
<br />Applicable Regulations ");
<br />(ii) that to the best of its knowledge, the Mortgaged Property and Trustor are
<br />not in violation of or subject to any existing, pending or threatened investigation or
<br />inquiry by any governmental authority or to any remedial obligations under any
<br />Applicable Regulations pertaining to health or the environment (hereinafter sometimes
<br />collectively called "Applicable Environmental Laws "), including, without limitation, the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
<br />amended ( "CERCLA "), and the Resource Conservation and Recovery Act of 1976
<br />( "RCRA "), and this representation and warranty would continue to be true and correct
<br />following disclosure to the applicable governmental authorities of all relevant facts,
<br />conditions and circumstances, if any, pertaining to the Mortgaged Property. If any such
<br />investigation or inquiry is subsequently initiated, Trustor will promptly notify
<br />Beneficiary;
<br />(iii) that to the best of its knowledge, Trustor has not obtained and is not
<br />required to obtain any permits, licenses or similar authorizations to construct, occupy,
<br />operate or use any buildings, improvements, fixtures and equipment forming a part of the
<br />Mortgaged Property by reason of any Applicable Environmental Laws;
<br />(iv) that to the best of its knowledge, Trustor has taken all reasonably
<br />appropriate steps to determine and has determined to its reasonable satisfaction that no
<br />hazardous substances or solid wastes have been disposed of or otherwise released on or
<br />about the Mortgaged Property;
<br />(v) that to the best of its knowledge, the Mortgaged Property does not contain
<br />asbestos, ureaformaldehyde foam insulation or any other chemical, material or substance
<br />exposure to which may or could pose a health hazard, whether or not the substance is
<br />prohibited, limited or regulated by any governmental authority;
<br />(vi) that the use which Trustor makes and intends to make of the Mortgaged
<br />Property will not result in the manufacturing, treatment, refining, transportation,
<br />generation, storage, disposal or other release or presence of any hazardous substance or
<br />solid waste on or to the Mortgaged Property in violation of Applicable Environmental
<br />Laws. For purposes of this Section 1.25, the terms "hazardous substance" and "release"
<br />shall have the meanings specified in CERCLA, and the terms "solid waste" and
<br />"disposal" (or "disposed ") shall have the meanings specified in RCRA; provided, in the
<br />event either CERCLA or RCRA is amended so as to broaden the meaning of any term
<br />defined thereby, such broader meaning shall apply subsequent to the effective date of
<br />such amendment, and provided, further, to the extent that the laws of the state where the
<br />Property is located establish a meaning for "hazardous substance," "release," "solid
<br />waste" or "disposal" which is broader than that specified in either CERCLA or RCRA,
<br />such broader meaning shall apply;
<br />(vii) Trustor agrees to promptly notify Beneficiary of any violation or alleged
<br />violation of any Applicable Environmental Laws of which Trustor becomes aware; and
<br />(viii) Trustor agrees to indemnify and hold harmless Beneficiary from and
<br />against any and all liabilities, damages, claims, losses, judgments, causes of action, costs
<br />and expenses (including the reasonable fees and expenses of counsel) which may be
<br />incurred by Beneficiary relating to or arising out of the generation, storage,
<br />manufacturing, refining, releasing, transportation, treatment, disposal or other presence of
<br />hazardous substances on or about the Mortgaged Property occurring prior to the
<br />reconveyance of the Mortgaged Property, conveyance in lieu of foreclosure or the
<br />completion of foreclosure proceedings and termination of possession by Trustor.
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