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<br /> the Rents, including those that are unpaid; (v) to complete any alteration or restoration in progress on
<br /> the Real Property at the expense of Borrower at reasonable and customary cost or at such cost
<br /> previously agreed to by Borrower, and(vi) to apply all income of the Rea1 Property less the necessary
<br /> or appropriate expenses of collection thereaf, either for the operation,care and preservation of the Real
<br /> Property, or, at the election of the Person exercising the rights under this Section in its sole discretion.
<br /> The Person exercising the rights under this Section is also hereby granted full and complete authority
<br /> whilc any Event of Default exists; (vii) t� employ watchmen to protect the Real Property; (viii) to
<br /> continue any and all outstanding contracts for the erecrion and completion of improvements to the
<br /> Real Property; (ix) to make all necessar3� and proper repairs, renewals, replacements, alterations,
<br /> additions, betterments and improvements to the Rea1 Property that, in its sole discretion, it may deem
<br /> appropriate; (x)to insure and reinsure the F.ea1 Properiy for all risks incidental to Lender's possession,
<br /> operation and management thereof; (xi) to make and enter into any contracts or obligations wherever
<br /> necessary in its own name for the operatimn, care and preservation of the Rea1 Property, (xii) to pay
<br /> and discharge all debts, obligations and liabilities incurred thereby, all at the expense of Borrower, and
<br /> (xiii) assign and/or sublease the Real Pro�perty to any other person or entity in the Lender's sole
<br /> discrerion. The Person exercising the rights under this Section shall not be liable to account for any
<br /> action taken hereunder, and shall not be liable for any loss sustained by Borrower resulting from any
<br /> act or omission of such Person, except to the extent such loss is caused by such Person's willful
<br /> xnisconduct or gross negligence_
<br /> (e) Waivers. Except as may tne prohibited by applicable law,Borrower hereby expressly
<br /> waives and releases airy and all rights or redemption or periods of redemption in the event of
<br /> foreclosure of this Instrument. Borrower fiarther expressly waives and releases all rights of exemption
<br /> of some of the Rea1 Property or proceeds tl�ereof from attachment,levy or sale on execution, a11 rights
<br /> of appraisement or valuation and all benefits of any homestead exemption.
<br /> 22. ENVIRONIVIENTAL MATTERS.
<br /> a. Defined Terms. As used in ttus paragraph, the following terms shall have the
<br /> following meanings:
<br /> (1) "Contaminant"means any pollutants,hazardous or toxic substances or wastes
<br /> or contaminated materials including but not limited to oil and oil products, asbestos, asbestos
<br /> containing materials, urea formalcllehyde foam insulation, transformers or other equipment
<br /> which contain dielectric fluid containing levels of polychlorinated biphenyls, flammables,
<br /> explosives, radioactive materials, laboratory wastes, chemicals, elements, compounds or any
<br /> other materials and substances (inc�uding materials, substances or thuigs which are composed
<br /> of or which have as constituents any of the foregoing substances),which are or may be subj ect
<br /> to regulation under, or the Release of which or exposure to which is prohibited, limited or
<br /> regulated under any Environmental Law.
<br /> (2) `Bnforcement Action" means any action, proceeding or investigation
<br /> (administrative or judicial, civil or criminal) instituted or threatened by U.S. Environmental
<br /> Protection Agency, or any other federal, state ar local governmental agency (collectively
<br /> "Governmental Authority") related to any alleged or actual violation of any Environmental
<br /> Law with respect to the Real ProperEy and/or any business conducted thereon, and/or the
<br /> Borrower, inchiding, but not limited to, actions seelflng Remediation, the imposition or
<br /> enforcement of liability pursuant to any Environmental Law and compliance with any
<br /> Environmental Law. Enforcement Action shall also include any similar actual or threatened
<br /> action by any private party pursuant to any Environmental Law.
<br /> (3) "Environmental LaT�s"means any and all present and future federal, state and
<br /> local laws, statutes, ordinances, rules and regulations relating to protection of human health
<br /> and the environment from Contatninants including, but not limited to: the Comprehensive
<br /> Environmental Response, Compensation and Liability Act, as amended, (CERCLA), 42 USC
<br /> § 9601 et seq.;the Resource Conservation and Recovery Act, as amended, (RCRA),42 USC§
<br /> 6901 et seq.; the Clean Air Act, as amended, 42 USC § 7401 et seq.; the Federal Water
<br /> Pollution Control Act, as amended (including but not limited to as amended by the Clean
<br /> Water Act), 33 USC � 1251 et seq.; the To�c Substances Control Act, as amended (TSCA),
<br /> 15 USC § 2601 et seq.; the Emergency Planning and Community Right-to-Know Act (also
<br /> known as SARA Title 111), as amended, (EPCRA), 42 USC § 11001 et seq.; the Safe
<br /> Drinking Water Act, as amended, 42 USC § 300(fl et seq.; the Federal Insecticide, Fungicide
<br /> and Rodenticide Act, as amended(FIFRA), 7 USC § 136 et seq.; the Occupational Safery and
<br /> Health Act, as amended, (oSHA), 29 USC § 651 et seq.; the Endangered Species Act, as
<br /> amended, 16 USC § 1531 et seq.; the National Environmental Policy Act, as amended,
<br /> (NEPA), 42 USC § 4321 et seq.; the Rivers �nd Harbors Act of 1899, 33 USC § 401 et seq.;
<br /> state and local laws, rules and regulations similar to or addressing similar matters as the
<br /> foregoing federal laws; laws, rules and regulations governing underground or above-ground
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