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201403660
<br />That Trustor shall and does hereby release, indemnify, agree to pay on behalf of and hold harmless Trustee, its
<br />officers, directors. agents, employees, successors and assigns of, from and against any impositions imposed by any
<br />governmental authority for any lien of so- •callcd "super priority lien" upon the Premises, as well as all losses, claims,
<br />costs, liabilities, penalties, punitive damages, causes of action, actions, demands, damages, fines (civil or criminal),
<br />penalties, expenses, clean -up costs, attorneys' fees and court costs, caused in whole or in part, regardless of fault, by
<br />any past, present or future owner, occupier, tenants, subtenant, undersubtenant, licensee, guest, or any other person
<br />or entity, including but not limited to the Trustor and Trustee, which may be incurred, suffered or sustained by
<br />Trustee, its officers, directors, successors or assigns, at any time, and from time to time, whether before, during or
<br />after enforcement of its rights and remedies hereunder after the occurrence of an Event of Default and after payment
<br />of all sums secured hereby, by reason of or arising from, in whole or in part;
<br />(a) the presence or alleged presence of asbestos, asbestos - containing materials, PCB's, radon gas, or
<br />UFFI on the Premises;
<br />(b) any violation or alleged violation of any of the terms of this Trust Deed;
<br />(c) any violation or alleged violation of any Environmental Law; and
<br />(d) any release or contamination caused by any hazardous substance on, in, under, onto, from or about
<br />the Premises; or
<br />(e) any liability for personal injury, property damage or damage to the environment due to
<br />(a), (b), (c) or (d) above ( "Receivable Claims ").
<br />That the terms of this paragraph shall survive the payment in full of all sums secured hereby and the termination
<br />and satisfaction of record of this Trust Deed and/or a deed in lieu of foreclosure.
<br />That Trustor agrees that in the event Trustee shall pay any Receivable Claims, all such sums shall be added to
<br />the amount secured hereby, shall be deemed to be obligatorily advanced under the terms of the Loan Documents,
<br />shall be secured hereby and shall be payable on demand by Trustor. The terms of this paragraph shall survive the
<br />payment in full of all other sums secured hereby and the termination and satisfaction of record of this Trust Deed.
<br />That Trustor warrants and represents to Trustee that Trustor has investigated the prior ownership and use of the
<br />Premises, in a manner consistent with good commercial and customary practice, to determine that the Premises is
<br />free of hazardous substances. Trustor, in performing its investigation, has considered, among other factors:
<br />(a) the relationship of the purchase price to the value of the Premises if uncontaminated when
<br />acquired,
<br />(b) commonly known or ascertainable information about the Premises, and
<br />(c) the obviousness of the presence, or likely presence, of contamination.
<br />That Trustor warrants and represents to Trustee that:
<br />(a) none of the real property owned and/or occupied by Trustor, including the Premises, has
<br />ever been used to treat, store, produce, handle, transfer, process, transport, dispose or otherwise
<br />release hazardous substances and/or any other substances regulated or controlled by the
<br />Environmental Laws or which would result in any liability therefor;
<br />(b) there is no pollution or danger of pollution resulting from a condition which exists on the
<br />Premises which requires any corrective action under the Environmental Laws or which would
<br />result in any liability therefor;
<br />(c) no notification has been filed with regard to a release of hazardous substances on, into,
<br />onto or from the Premises under the Environmental Laws;
<br />(d) neither Trustor nor any prior owner or occupier of the Premises have received a
<br />summons, citation, Notice of Violation, Administrative Order, directive, letter or other
<br />communication, written or oral, from any governmental or quasi - governmental authority
<br />concerning any releases of or contaminations caused by hazardous substances or violation or
<br />alleged violation of any Environmental Laws;
<br />(e) there are no underground storage tanks, visible asbestos, asbestos - containing materials,
<br />PCB's or UFFI located on, in, under or about the Premises;
<br />(f) there have been no releases at, upon, under or within, and no past or ongoing migration
<br />from neighboring lands to the Premises of any hazardous substances;
<br />(g) there is no radon gas infiltrating the Buildings in excess of current state and federal
<br />guidelines; and
<br />(h) all warranties and representations given by Trustor, or any other party, are true, complete
<br />and correct as of the date hereof.
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