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201502075
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Last modified
4/14/2015 12:08:16 PM
Creation date
4/3/2015 4:18:23 PM
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DEEDS
Inst Number
201502075
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201502075 <br />investigation or inquiry is subsequently initiated, Trustor will promptly notify <br />Beneficiary; <br />(iii) that Trustor has not obtained and is not required to obtain any permits, <br />licenses or similar authorizations to construct, occupy, operate or use any buildings, <br />improvements, fixtures and equipment forming a part of the Mortgaged Property by <br />reason of any Applicable Environmental Laws; <br />(iv) except as previously disclosed in the Environmental Study, that Trustor <br />has taken all steps to determine and has determined to its reasonable satisfaction that no <br />hazardous substances or solid wastes have been disposed of or otherwise released on or <br />about the Mortgaged Property; <br />(v) except as previously disclosed in the Environmental Study, that the <br />Mortgaged Property does not contain asbestos, ureaformaldehyde foam insulation or any <br />other chemical, material or substance exposure to which may or could pose a health <br />hazard, whether or not the substance is prohibited, limited or regulated by any <br />governmental authority; <br />(vi) that the use which Trustor intends to make of the Mortgaged Property will <br />not result in the manufacturing, treatment, refining, transportation, generation, storage, <br />disposal or other release or presence of any hazardous substance or solid waste on or to <br />the Mortgaged Property in violation of Applicable Environmental Laws. For purposes of <br />this Section 1.25, the terms "hazardous substance" and "release" shall have the meanings <br />specified in CERCLA, and the terms "solid waste" and "disposal" (or "disposed ") shall <br />have the meanings specified in RCRA; provided, in the event either CERCLA or RCRA <br />is amended so as to broaden the meaning of any term defined thereby, such broader <br />meaning shall apply subsequent to the effective date of such amendment, and provided, <br />further, to the extent that the laws of the state where the Property is located establish a <br />meaning for "hazardous substance," "release," "solid waste" or "disposal" which is <br />broader than that specified in either CERCLA or RCRA, such broader meaning shall <br />apply; <br />(vii) Trustor agrees to promptly notify Beneficiary of any violation or alleged <br />violation of any Applicable Environmental Laws of which Trustor becomes aware; and <br />(viii) Trustor agrees to indemnify and hold harmless Beneficiary from and <br />against any and all liabilities, damages, claims, losses, judgments, causes of action, costs <br />and expenses (including the reasonable fees and expenses of counsel) which may be <br />incurred by Beneficiary relating to or arising out of the generation, storage, <br />manufacturing, refining, releasing, transportation, treatment, disposal or other presence of <br />hazardous substances on or about the Mortgaged Property occurring prior to the <br />reconveyance of the Mortgaged Property, conveyance in lieu of foreclosure or the <br />completion of foreclosure proceedings and termination of possession by Trustor. <br />Section 1.26. Organization; Due Authorization. Trustor is a limited liability <br />company, duly organized, validly existing and in good standing under the laws of the State of <br />15 <br />
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