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67 <br />201305319 <br />Section 14.11. No Reduction. No taxes paid by or on account of the Other Mortgaged <br />Properties in New Jersey shall serve to reduce the amount of indebtedness secured by this <br />instrument. <br />Section 14.12. New Jersey Environmental Provisions. <br />(a) Mortgagor represents and warrants that, to the best of Mortgagor's knowledge <br />after due inquiry and investigation, no lien has attached to the Other Mortgaged Properties in <br />New Jersey as a result of any action by the New Jersey Department of Environmental Protection <br />(which, together with its successors, shall be called herein the "NJDEP ") or its designee <br />pursuant to the New Jersey Spill Compensation Fund as such term is defined in the Spill <br />Compensation and Control Act, N.J.S.A. 58:10 -23.11 et seq. (said Spill Compensation and <br />Control Act together with any amendments or revisions thereof and any regulations promulgated <br />pursuant thereto being hereinafter collectively called the "Spill Act ") expending monies from <br />said fund to pay for "cleanup and removal costs" or "natural resources" damages as a result of <br />any "discharge" of any "hazardous substances" on or at the Other Mortgaged Properties in New <br />Jersey, as such terms are defined in the Spill Act. <br />(b) If a lien that has priority over all other claims or liens which have been previously <br />filed is filed against the Other Mortgaged Properties in New Jersey pursuant to the Spill Act, <br />N.J.S.A. 58:10- 23.11g (c)(2), Mortgagor shall immediately either (i) pay the claim and remove <br />the lien from the Other Mortgaged Properties in New Jersey, or (ii) furnish (A) a bond <br />satisfactory to Agent and the title insurance company which insured the priority of the lien of this <br />Mortgage in the amount of the claim out of which the lien arises, (B) a cash deposit in the <br />amount of the claim out of which the lien arises, or (C) other security reasonably satisfactory to <br />Agent in an amount sufficient to discharge the claim out of which the lien arises. <br />(c) In connection with a "termination of ownership or operations" (as such term is <br />used in the New Jersey Industrial Site Recovery Act, as amended, N.J.S.A. 13:1K -6 et seq. <br />( "ISRA ")) relating to Mortgagor or any tenants at any time occupying any portion of the Other <br />Mortgaged Properties in New Jersey, Mortgagor, shall promptly provide Agent with: <br />(i) a Response Action Outcome (as such term is used in ISRA, including at <br />N.J.A.C.. 7:26C -6.2) issued by a Licensed Site Professional; or <br />(ii) a Remedial Action Work Plan (as such term is used in ISRA) certified by <br />a Licensed Site Professional; or <br />(iii) a Remediation Certification (as such term is used in ISRA, including at <br />N.J.A.C. 7:26B- 1.7(b)) certified by a Licensed Site Professional permitting the <br />termination. <br />(d) Nothing in this subsection (c) shall be construed as limiting Mortgagor's <br />obligation to otherwise comply with ISRA. In particular, Mortgagor's obligation to comply with <br />ISRA shall also specifically apply to a sale, transfer, closure or termination of operations <br />associated with any foreclosure action, including, without limitation, a foreclosure action brought <br />with respect to this Mortgage. <br />