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. � 201504441
<br /> (6) Any breach of the Borrower's covenants or any breach or xnisrepresentation
<br /> of Borrower's representations and warranties in this Instrument or any other Loan Documents;
<br /> (7) Any loss of priorit��of Lender's title(or lien on)the Real Property directly or
<br /> indirectly arising out of or in any way relating to any of the foregoing or any imposition of any
<br /> lien or other encumbrance on title to the Real Property or indirectly arising out of or in any
<br /> way relating to any of the foregoing;
<br /> (8). Any personal injury, wrongful death or property damage arising under any
<br /> statutory or common law tort law theory including, but not limited, to damages assessed for
<br /> the maintenance of a private or public nuisance on or for the conducting an abnormally
<br /> dangerous activity on the Real Prop�erty; or
<br /> (9) Any other matter relating to any environmental condition of the Real
<br /> Property, to Contaminants in conn�ction with the Rea1 Properiy or migrating to or from the
<br /> Real Property or to any Environmental Laws.
<br /> Borrower understands, acknowledges and agrees that its liabilities to Lender pursuant to this
<br /> indemnity shall be binding upon Borrower regardless of whether conditions described in this
<br /> paragraph resulted from acts or omissions of Borrower,its predecessors in interest,or any other person
<br /> or from circumstances (whether or not on the Real �'roperty) which occurred ar existed prior to the
<br /> date hereof. Borrower's liability hereunder shall not be limited in any respect by the terms of any
<br /> paragraph of the Loan Agreement or any other Loan Documents limiting Borrower's personal liability,
<br /> and shall survive and continue beyond foreclosure of this Instrument, deed in lieu of foreclosure and
<br /> payoff or discharge of the amount owing under the Loan Agreement and release of this Insmzment,the
<br /> Loan Agreement and the other Loan Documents for environmental conditions that e�sted ar occurred
<br /> prior to completion of foreclosure,deed in lieu of foreclosure or release of this Instrument.
<br /> a Covenants, Representations and Warranties. Borrower covenants, represents and
<br /> warrants to Lender that:
<br /> (1) To the best of Borrower's knowledge and belief after due inquiry and
<br /> investigation, except as reflected in environrrnental reports provided to or obtained by Lender,
<br /> the Real Property is free of any Contaminants and neither Borrower nor any other person
<br /> (including but not limited to prior owners, occupiers and tenants)has ever caused or permitted
<br /> any Contaminant to be manufactured, placed, generated, stared, held, transferred, processed,
<br /> produced,transported or disposed on, at, through or under the Real Property nor any property
<br /> adjacent thereto has even been used (whether by Borrower or, to the best knowledge of
<br /> Borrower,by any other person) as a location�or the manufacture,placement, storage,location
<br /> or disposal of any Contaminants, other than ordinary cleaning solvents and lawn chemicals
<br /> stored or used in ordinary quantities for routine management of the Real Property or sold in
<br /> the ordinary course of business of tlne tenant occupying the Real Property.
<br /> (2) Neither Borrower nor, to the best of Borrower's knowledge and belief, any
<br /> other person(including but not limi�:ed to prior owners, occupiers and tenants)has ever caused
<br /> or permitted any Conta�inant to be manufactured, placed, stored, located or disposed of on,
<br /> under or at any other real property owned, occupied(under leases or licenses or otherwise) or
<br /> operated by Borrower, except in compliance with applicable Environmental Laws.
<br /> (3) No lien has or is c�urently a4tached to any revenues or any real or personal
<br /> property owned by Borrower(including but not limited to the Real Property) as a result of any
<br /> Governmental Authority expending monies as a result of any alleged Release or thc cxistcnce
<br /> of any Containinant on or about the Rea1 Property or a breach of an Environmental Law.
<br /> (4) Neither Borrower nor, to the best of Borrower's knowledge and belief, any
<br /> other person (including but not limited to prior owners, occupants and tenants) has received
<br /> any notice or advice of any Enforcement Action.
<br /> (5) Borrower will keep the Rea� Property and any other real property owned,
<br /> occupied or operated by Borrower free of any Contarninants, except in compliance with
<br /> applicable Environmental Laws.
<br /> (6) Borrower will not u�se the Real Property or any other real property owned,
<br /> operated or occupied by Bonower for the manufacture, placement, generation, storage,
<br /> location or disposal of any Contamnnants nor permit the Real Property or any other property
<br /> owned, occupied or operated by it to be used in such a manner, except in compliance with
<br /> applicable Environmental Laws.
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