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� 2� 15�82��
<br /> occupier, tenants, subtenant, undersubtenant, licensee, guest, or any other person or entity, �ncluding but
<br /> not limi�ed ta the Trust�r and Trustee, which may be incurred, suffered ar sustained �y Trustee, i�s
<br /> � aff cers, directors, successors or assigns, at any time, and fr�m �ime tia time, whether before, during �r
<br /> after enforcernent of its rights and remedies hereunder after the occurrence �f an Event af Default and
<br /> after payment of a�I sums secured hereby, by reason of�r arising from, in wh�le or in part;
<br /> (a) the presence ar alleged presence of asbestos, as�estas-�ontaining materia�s, P�B's, radon
<br /> gas, or UFFI an the Prem.ises;
<br /> (b� any�i��ation �r al�ege��iolation of any of the terms of this Trust Deed;
<br /> (c} any vialatian or aliege��iolation of any En�ironmental Law; and
<br /> �d} any re�ease�r contamination caused by any hazardous substance on, �n, under, onto, fram
<br /> or about�he Fremises; or
<br /> �e} any l�ab�lity f�r personal injury, property damage or damage to the environment due to
<br /> �a�, (b�, �c�or�d} a�ave�"Recei�able��aims"}.
<br /> That the terms of�his paragraph sha11 sur�ive the payment in full of all sums secured hereby and
<br /> the term�natian and satisfaction of recor� of th.is Trust Deed andlor a deed in lieu nf fareclasure.
<br /> That Trustar agrees that in tihe e�ent Trustee shall pay any Receivable �laims, a11 such sums sha�I
<br /> be added ta �he amoun� secured hereby, sha11 be deemed �o be obligatari�y advanced under the �erms of
<br /> the Loan Documen�s, shall be secured hereby and sha�l be payab�e on demand by Trustor. The terms of
<br /> this paragraph shall sur�i�e �he payme.nt in full �f all ather sums secured hereb}� and the term�nation and
<br /> satisfaction of record of th�s Trust Deed.
<br /> That Trustor warrants and represents to Trustee that Trus�ar has in�estigated the prinr ownership
<br /> and u se af the Prem�ses, in a manner cans i stent with goad commerc ial and customary practice, ta
<br /> determine that the Premises is free of hazardous substa.nces. Trust�r, in performing its investiga�ion, has
<br /> considered, amang ather factors:
<br /> �a� the relationship of the purchase pr�ce t� the value of the Premises �f unconta.mtnated
<br /> when acquire�,
<br /> (b� cammonly kn�wn or as�ertainable informatian abaut the Premises, and
<br /> �c} the obviousness of the presence, ar ��ke1y presence, of contamination.
<br /> That Trustor warrants and represen�s ta Trustee that t��he best of Trustor's knowledge:
<br /> (a� none of the real property ovvned andlor aceupied by Trustor, including the Premises, has
<br /> ever been used ta trea�, store, produce, handle, transfer, process, transport, dispose or
<br /> otherwise re�ease hazardous substaraces andl�r any ather su�stan�es regulated or
<br /> cantrolled by the Environmenta�Laws ar which w�uld result�n any liabi�ity therefor;
<br /> (b} there is na pallutian �r danger af pallu�ian resulting from a conditian which exists an the
<br /> Premises which re�uires any correc�i�e acti�n under the Env.ironmental Laws or wh�ch
<br /> would result�n any liabiiity therefor;
<br /> �c) no na�ificatian has been filed with regard ta a release of hazardous substances an, into,
<br /> onto or from the Premises under�he En�iranmental Laws;
<br /> �d} neither Trus�or nor any priar owner or �ccupier flf the Premises ha�e rece�ved a
<br /> summons, citatian, Not�ce of Violation, Admin�strati�e �rder, dxrecti�e, letter or ather
<br /> communication, written or aral, from any go�ernmental �r quasi-go�ernmental autharity
<br /> concerning any releases of or contaminatians caused by hazardous substances or
<br /> �i�lation or alleged�iolatiQn af any Environmental Laws;
<br /> (e} there are no ur�derground st�rage tanks, �isible asbest�s, asbestos-cantaining materials,
<br /> PCB's or UFFI Iocated an, in, under or about the Premises;
<br /> �f} there have been no releases at, upon, under or within, and na past or ongo�ng migration
<br /> from neighboring tands to the Premises of any hazardous substances;
<br /> Pag� 6 of 9
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