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20140040()
<br />compliance with all Environmental Laws) to the extent required by all Environmental
<br />Laws, shall not install or use any underground storage tanks, shall expressly prohibit
<br />the use, generation, handling, storage, production, processing and disposal of
<br />Hazardous Substances (except those substances stored, used or sold by Borrower,
<br />Lessee or other tenants of the Mortgaged Property in the ordinary course of their
<br />respective business and in compliance with all Environmental Laws) by all lessees of
<br />space in the Improvements, and, without limiting the generality of the foregoing,
<br />during the term of this Security Instrument, shall not install in the Improvements or
<br />permit to be installed in the Improvements asbestos or any substance containing
<br />asbestos or potentially asbestos containing substance.
<br />Borrower shall promptly notify Lender if Borrower shall become aware of the possible
<br />existence of any Hazardous Substances (except those substances disclosed in the
<br />Environmental Report delivered to Lender and those substances stored, used or sold by
<br />Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary course of
<br />their respective business and in compliance with all Environmental Laws) on the
<br />Mortgaged Property or if Borrower shall become aware that the Mortgaged Property is
<br />or may be in direct or indirect violation of any Environmental Laws. Further, promptly
<br />upon receipt of the same, Borrower shall deliver to Lender copies of any and all orders,
<br />notices, permits, applications, reports, and other communications, documents and
<br />instruments received by Borrower pertaining to the actual, alleged or potential
<br />presence or existence of any such Hazardous Substances (except those substances
<br />stored, used or sold by Borrower, Lessee or other tenants of the Mortgaged Property in
<br />the ordinary course of their respective businesses and in compliance with
<br />Environmental Laws) at, on, about, under, within, near or in connection with the
<br />Mortgaged Property. Subject to the terms of the Lease, Borrower shall promptly and
<br />when and as required by any Environmental Laws, at Borrower's sole cost and
<br />expense, take, or cause Lessee to take, all actions as shall be necessary or advisable for
<br />the clean -up of any and all portions of the Mortgaged Property, including, without
<br />limitation, all investigative, monitoring, removal, containment and remedial actions in
<br />accordance with all applicable Environmental Laws (and in all events in a manner in
<br />compliance with the requirements of the Lease), and shall further pay or cause to be
<br />paid, at no expense to Lender, all clean-up, administrative and enforcement costs of
<br />applicable governmental agencies which may be asserted against the Mortgaged
<br />Property. In the event Borrower fails to do so, but subject to the terms of the Lease,
<br />Lender may, but shall not be obligated to, cause the Mortgaged Property to be freed
<br />from any Hazardous Substances (except those substances stored, used or sold by
<br />Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary course of
<br />their respective business and in compliance with all Environmental Laws) or otherwise
<br />brought into conformance with Environmental Laws and any and all costs and
<br />expenses incurred by Lender in connection therewith, together with interest thereon at
<br />the Default Rate from the date incurred by Lender until actually paid by Borrower,
<br />shall be immediately paid by Borrower on demand and shall be secured by this
<br />Security Instrument and by all of the other Loan Documents securing all or any part of
<br />the indebtedness evidenced by the Note. Borrower hereby grants to Lender and its
<br />agents and employees, subject to the rights of Lessee under the Lease, access to the
<br />Mortgaged Property and a license to remove any Hazardous Substances (except those
<br />- 54 -
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