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201310005
<br />thereof (collectively, the "Applicable Laws "), including, without limitation, the Americans With
<br />Disabilities Act of 1990, and any and all amendments or supplements thereto, and shall not commit,
<br />suffer or permit any act to be done in or upon the Property in violation of any Applicable Laws.
<br />5. Environmental Provisions. The representations, warranties, covenants and other
<br />obligations of Borrower contained in this paragraph are collectively referred to as the "Environmental
<br />Provisions."
<br />892675/5 /COLUMBUS
<br />065439.00076
<br />a. Certain Defined Terms. For purposes of this paragraph, the terms "hazardous
<br />waste," "hazardous substance," "disposal," "release," and "threatened release," and similar
<br />terms, as used in this Deed of Trust, shall have the same meanings ascribed to them in the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
<br />amended, 42 U.S.C. §§ 9601 et seq., ( "CERCLA "), as amended by the Superfund Amendments
<br />and Reauthorization Act of 1986 ( "SARA "), the Hazardous Materials Transportation Act, 49
<br />U.S.C. §§ 1801 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Toxic Substances
<br />Control Act, 15 U.S.C. §§ 2601 et seq., the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
<br />seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and
<br />Health Act, 29 U.S.C. §§ 655 et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7
<br />U.S.C. §§ 4321 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et
<br />seq., and all other state, Federal or local laws relating to health, safety, and the environment, as
<br />the same may be amended from time to time, and any rules or regulations adopted pursuant to
<br />any of the foregoing, as the same may be amended from time to time (collectively, all such
<br />laws, rules and regulations are hereinafter referred to as the "Applicable Environmental
<br />Laws "). The terms "hazardous waste" and "hazardous substance" shall also include, without
<br />limitation, petroleum and petroleum by- products, asbestos and asbestos - containing materials.
<br />b. Covenants, Representations and Warranties of Borrower. Borrower hereby
<br />covenants, represents and warrants to Lenders that, except for matters disclosed to Lenders and
<br />for which Lenders, in their sole discretion, has provided written acceptance:
<br />i) to the best of Borrower's knowledge, and except as otherwise disclosed
<br />to Lenders, no hazardous substance or hazardous material is presently located at, on, in,
<br />under or about the Premises or Improvements in violation of any Applicable
<br />Environmental Laws, or for which action is required under any Applicable
<br />Environmental Law;
<br />ii) to the best of Borrower's knowledge, during the period of Borrower's
<br />ownership of the Property, there has been no use, generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any hazardous waste or hazardous
<br />substance by any person on, under, about or from the Premises or Improvements;
<br />iii) no notice of any violation, lien, complaint, suit, order, administrative
<br />action or other notice with respect to the environmental condition of the Premises
<br />and/or Improvements has been issued, received, or is currently outstanding;
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