|
2� 15�82�2
<br /> costs,attorneys'fees and c�urt costs, caused in who�e or in part,regardless af fault,
<br /> by any past,present or future owner, occup�er,tenants, sub�enant,under-subtenant,
<br /> licensee,guest,or any other person or en�ity, includ�ng but not limi�e�i to the
<br /> Mor�gagor and Mortgagee,which may be incurred, suffered ar sustained by
<br /> Mor�gagee, its�fficers, directors., successors or assigns, at any time,and from t3me�o
<br /> tim�, whether before, during or after enforcement af its righ�s and remed�es hereunder
<br /> after the occurrence af an Even�of Default and after payment�f a�I sums secured .
<br /> hereby,by reason of or aris�ng from, �n�whole or in par�; .
<br /> �a� the presence ar alleged presence of asbestos, asbes�as�C�ntaining materials,
<br /> PCB's,radon gas, or LTFFI on the Premises;
<br /> �b� any viola�ion or al�eged violation af any of the terms�f th�s Martgage;
<br /> (e} any v�o�ation or al�eged v�olati�on of any Envir�nmen�a�Law; and
<br /> ��1} any release or contam�nation caused by any hazardous substance on, in,
<br /> under,anto, from or about the Pr�mises; �r
<br /> ��} any liabili�y for personal injury, praperty damage or damage to th�
<br /> environment due to�a}, �b�, (c}or td}above�"Rece�vab�e��axms"}.
<br /> That the terms af this paragraph sha��surv�ve the payment in full of a�l sums secured hereby and the
<br /> termina�ian and satisfactian of record of this Mnrtgage an�.lor a. deed in�ieu of foreclosur�.
<br /> That Mortgag�r agrees tha� in the event Mor�gage� shall pay any Receivab�e �laims, al� such sums
<br /> shall be added to the amount secured hereby; shall be deemed to be obligatori�y advanced u�der the
<br /> - terms of the Loan Documents, shall be secured hereby and shal� be pa}�ab1e on demand by
<br /> Mortgagor. The terms of this paragraph sha�l survive the payment in fu�� of a�l other sums secured
<br /> h�reby and the termina�ion and satisfa��ion�f record of th�s Mortgage.
<br /> That Martgagor warran�s and represents ta M�rtgagee that Mortgagor has in�estigated �he prior
<br /> ovvnership and use of the Premises, in a manner consistent with good commercia� and customar�
<br /> pract�ce, to determine that the Premises is free af hazardous substances. Mortgagor, ir�perf�rming
<br /> �ts invest�gation,has consider�d, among�ther factors:
<br /> ta� the r�lationsh�p �f the purchas� price to �he value of �he Premises if
<br /> unc�ntaminated�vhen acquired,
<br /> tb� comrnonly kn�wn or ascer�ainab�e informati�n a��ut the Premises,and
<br /> (�) the ohviousness�f the presence, or likely presenc�,of contam�nation.
<br /> That Mor�gagor warrants and represents to Mor�gagee that to its knov�ledge:
<br /> (a} none of the real praperty owned andlor occupied by Mortgagnr, includ�ng the
<br /> Premises, has ever been used to treat, stor�, produce, handle, transfer,
<br /> process, transp�r�, �isp�se ar o�herwise release hazardous substances andlor
<br /> any other subs�ances regulated ar controll�d l�y the Env�ronmenta� Laws or
<br /> which wou�d result in any liability therefar;
<br /> �b} there is no po�lut�on or danger of p��lu�ion resulting from a condition which
<br /> exists an �he Premi s es wh�ch requires any carrec��ve act�an under the
<br /> Enviranmental Laws or wh�ch�vauld result in any�ia�ility tiheref�r;
<br /> �c} no na�ificat�an has been filed wi�h r�gard to a release�f hazardous substances
<br /> on, into, �n�o or from the Premises under the Environmen�a�Laws;
<br />
|