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TRUST AND UNDER THE OTHER LOAN DOCUMENTS HAVE BEEN PAID OR
<br />DISCHARGED IN FULL AND SHALL SURVIVE THE TERMINATION OF THIS DEED OF
<br />TRUST.
<br />3.13 Payment of Taxes. Grantor shall pay or cause to be paid before delinquent, all
<br />taxes and assessments of every character in respect of the Mortgaged Property, or any part
<br />thereof, and promptly thereafter deliver to Beneficiary evidence reasonably satisfactory to
<br />Beneficiary of the timely payment of such taxes and assessments; provided, however, Grantor
<br />shall not be required to pay any such tax or assessment so long as Grantor is contesting such
<br />taxes or assessments in good faith and in accordance with the terms of the Loan Agreement.
<br />3.14 Hazardous Materials.
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<br />(a) To Grantor's knowledge, the Land and Improvements are not and have
<br />not been a site for the use, generation, manufacture, storage, treatment, release,
<br />threatened release, discharge, disposal, transportation or presence of any oil, flammable
<br />explosives, asbestos, urea formaldehyde insulation, radioactive materials, hazardous
<br />wastes, toxic or contaminated substances or similar materials, including, without
<br />limitation, any substances which are "hazardous substances ", "hazardous wastes ",
<br />"hazardous materials" or "toxic substances" under the Hazardous Materials Laws (as
<br />defined below)), or other applicable environmental Laws (collectively, "Hazardous
<br />Materials "). "Hazardous Materials" shall not include commercially reasonable amounts
<br />of such materials used in the ordinary course of operation of the Mortgaged Property
<br />which are used and stored in compliance with all applicable Hazardous Materials Laws.
<br />(b) To Grantor's knowledge, the Land and Improvements are in compliance
<br />with all Laws relating to Hazardous Materials ( "Hazardous Materials Laws "), including,
<br />without limitation: the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.; the
<br />Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the
<br />Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Section
<br />6901 et seq.; the Comprehensive Environment Response, Compensation and Liability
<br />Act of 1980, as amended (including the Superfund Amendments and Reauthorization
<br />Act of 1986, "CERCLA "), 42 U.S.C. Section 9601 et seq.; the Toxic Substances Control
<br />Act, as amended, 15 U.S.C. Section 2601 et seq.; the Occupational Safety and Health
<br />Act, as amended, 29 U.S.C. Section 651, the Emergency Planning and Community
<br />Right -to -Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Mine Safety and Health
<br />Act of 1977, as amended, 30 U.S.C. Section 801 et seq.; the Safe Drinking Water Act,
<br />42 U.S.C. Section 300f et seq.; and, all comparable state and local Laws, Laws of other
<br />jurisdictions or orders and regulations.
<br />(c) To Grantor's knowledge, there are no claims or actions ( "Hazardous
<br />Materials Claims ") pending or threatened against Grantor or the Mortgaged Property by
<br />any Governmental Authority or by any other Person relating to Hazardous Materials or
<br />pursuant to the Hazardous Materials Laws.
<br />(d) To Grantor's knowledge, no storage tanks (including, without limitation,
<br />petroleum or heating oil storage tanks), underground or above - ground, are present on or
<br />under the Land or have been on or under the Land.
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