|
2� 15�82��
<br /> �a} creates or causes a contam�nati�n either on the Premises ar elsewhere �vh�ch is required
<br /> by any governmental authority t��e removed, remediated, or otherwise cleaned up under
<br /> any applicable "En�ironmenta� Law," as defined�e�nw,
<br /> �b� creates any farm or lia�ility, ci�il or criminal, drrect pr indirect, due ta such
<br /> cantaminati�n, or
<br /> �c� is in�ontra�entian of any En�ironmental Law.
<br /> Tha� the terms "E.nviranmental Law" and "Enviranmen�al Laws" as used in this Trust Deed
<br /> inc�ude any and a�� current and future federa�, state and local en�ironmental �aws, stia�utes, rules,
<br /> regulati�ns and ordinances, as the same sha�l be amended and modified fr�m time to time, includ�ng but
<br /> not ��mrted t�, "comman �avv," the �omprehensi�e En�ironmental Response, Compensatian and Liab�l�ty
<br /> Act �"CERCLA"'�, as amended fram time to time, the Res�urce �onser�ation and Recavery Act
<br /> �"R�RA"�, a5 amended from time �o time, and the Toxic Substan�es �ontrol Act�"TSCA"}, as amen�ed
<br /> fram time to�ime.
<br /> That "hazardaus su�stances" as used in this Trust Deed includes any and all "hazard�us
<br /> substances" as defin�d in �ER�LA, any and all "hazardous wastes" as defined in RCRA, and any and a�l
<br /> "toxic substances" as defined in TSCA, petroleum productsy asbestos or asbestos-containing materia�s,
<br /> p�Iych�ar�nated biphenyls("PCB's"}, radon gas, urea f�rmaldehyde foam insula�ion("UFFI"� and any and
<br /> a�l other hazardous su�stances, hazardous wastes, pollutants and contaminants regu�ated or contr�iled by
<br /> any of�he Environmental Laws.
<br /> That Trus�or shall, in the e�ent af any discharge, spil l, inj ectian, escape, em�ssion, dispasal, teak
<br /> or�ther release of hazardous substances on, in, under, onto �r from the Premises, which is nat author�zed
<br /> by a currentiy�al id permit or�ther appro�al issued by the appropriate ga�ernmenta� agencies:
<br /> (a} promptly notify Trustee, the En�ir�nmenta� Protection Agency National Resp�nse�enter
<br /> and the appropria�e State Depar�ment of En��ronmental Resaurces,
<br /> �b) take alt steps necessary �a promptly clean up such discharge, spill, �njection, escape,
<br /> emission, dispasal, leak or another re�ease in accordance with the pr���s�ans of all
<br /> applicable Environmental Laws, and
<br /> �c� recei�e certifi�ation from the appropriate Statie Department of En�.ironmental Res�urces
<br /> or Federal Environmen�al Protection Agency that �he Premises, artd any other praper-�y
<br /> affeeted, has been cleaned up t�the satisfa��ion �f those agencie�.
<br /> That Trustar shall and does hereby grant Trustee and Trustee's agents, empl�yees, contractors and
<br /> designees an irrevocable license(coup�ed with an interest�to en��r the Premises from time to time t�:
<br /> (a} e�aluate and monitor the Premises for campliance with ali Environmental Laws and the
<br /> terms of the Trust Deed,
<br /> ��} to e�aluate the presence of hazardaus su�stances,and
<br /> �c} to perform appropr�ate tests and tes� borings, in�iuding taking soi� and ground water
<br /> samples.
<br /> That Trustor shall pro�ide Trustee with a11 not�ces and o�her communications recei�ed fr�m
<br /> fed�ra�, state and �ocal agencies and depar�ments which enforce and administer the Envir�nmenta� Laws.
<br /> From time t� �ime Trustar shall pro�ide Trustee, upon request, any and al� information requested by
<br /> Trustee concerning the use of the Premises and Trustor's corn�liance with the En�ironmental Laws and
<br /> the terms of this Trust Deed, including but not �imited to, al� licet�ses, permits and cer�if cates, and the
<br /> book and re�ords pertainxng to the Premises.
<br /> That Trustar shall require that all tenants, subtenants, undersu�tenants and ather occupan�s of the
<br /> Fremises t�use and accupy the Prem�ses in strict campliat�ce with the En�iranmental Laws and the terms
<br /> of�his Trust Deed.
<br /> That Trustor sha�l and daes hereby release, indemnify, agree to pay on behalf of and ho�d
<br /> harmless Trus�ee, its officers, dire�tors, agents, empiayees, successors and assigns of, from and against
<br /> any impos itions imposed by any go�ernmental authority for any 1 ien ar so-ca�ied "super priority �ien"
<br /> upon the Premises, as weil as all losses, �laims, costs, liabilities, penalties, punitive damages, causes of
<br /> action, actions, demands, damages, fines �civi� or criminal}, penalties, e�penses, clean-up costs, attorneys'
<br /> fees and court costs, caused in whole ar in par-�, regardless �f fauit, by any past, present ar fu�ure owner,
<br /> Page 5 �f 9 '
<br />
|