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20140040 to any such foreclosure action or proceeding and to foreclose out the rights of such tenants shall not be asserted by Borrower as a defense to any proceeding instituted by Lender to collect the Debt secured by this Security Instrument. 2. Borrower hereby represents and warrants to Lender that, except as disclosed in the Environmental Report: (a) Borrower has not received any notice claiming that the Premises or the Improvements or any use thereof violates any Environmental Laws from the New Jersey Department of Environmental Protection ( "DEP "), the United States Environmental Protection Agency ( "EPA ") or any other governmental authority, person or entity. (b) To the best of Borrower's knowledge, no part of the Premises or the Improvements was ever used or is being used as a landfill, dump or other disposal, storage, transfer or handling area for Hazardous Substances. (c) Borrower has no liability to the DEP, the EPA, the State of New Jersey, the United States of America or any other governmental authority under any of the Environmental Laws. 3. The following shall supplement, and shall be included within, the definition of "Environmental Laws" set forth in this Security Instrument: "the Industrial Site Recovery Act ( "ISRA ") N.J.S.A. §§ 13:1K -6 et seq., formerly known as the Environmental Clean -Up Responsibility Act ( "ECRA "), N.J.S.A. 13:1K -6 et seq.; the "Brownfield and Contaminated Site Remediation Act" ("BCSRA") N.J.S.A. §§ 58:10B -1 et seq.; the New Jersey Spill Compensation and Control Act, N.J.S.A. §§ 58:10 -23.11 et seq.; the Toxic Catastrophe Prevention Act, N.J.S.A. 13:1K -19 et seq.; the Underground Storage of Hazardous Substances Act, N.J.S.A. §§ 58:10A -21 et seq.; the Water Pollution Control Act, N.J.S.A. §§ 58:10A -1 et seq.; the Solid Waste Management Act, N.J.S.A. §§ 13:1E -1 et seq.; the Safe Drinking Water Act, N.J.S.A. §§ 58:12A -1 et seq.; the Hazardous Substance Discharge Reports and Notice Act, N.J.S.A. §§ 13:1K -15 et seq.; the Air Pollution Control Act, N.J.S.A. §§ 26:2C -2 et seq.; the Worker and Community Right -to -Know Act, N.J.S.A. §§ 34:5A -1 et seq.; the Sanitary Landfill Facilities Closure and Contingency Fund Act, N.J.S.A. §§ 13:1E -100 et seq.; the Solid Waste Disposal and Resource Recovery Act, N.J.S.A. §§ 13:1E -136 et seq.; the Clean Communities and Recycling Act, N.J.S.A. §§ 13:1E -92 et .seq.; and the Mandatory Statewide Recycling Act, N.J.S.A. §§ 13:1E -99.12 et seq." 4. If there shall be filed a lien against the Premises or the Improvements by the DEP, EPA, or any other governmental authority, Borrower agrees in addition to taking prompt corrective measures to remediate any Hazardous Substances that are the subject of such lien, Borrower shall either (i) cause said lien to be removed or (ii) provide a bond or title insurance endorsement, reasonably satisfactory to Lender, insuring to Lender the continuing first lien status of this Security Instrument, within 60 days from the date that Borrower is given notice that the lien is placed against the Premises or the Improvements or within such shorter period of time in - 119 -