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200102453
<br />Trustor hereby represents and warrants to said Beneficiary (i) to the best of his knowledge (it
<br />being understood that said Trustor has conducted no environmental assessment or similar
<br />investigation) that the mortgaged premises does not have stored or contained on it any waste,
<br />asbestos, oil or petroleum hydrocarbons except as previously disclosed to said Beneficiary in
<br />writing, pesticides or toxic or hazardous substances or any such materials, including such
<br />materials in underground storage tanks, other than those pesticides, herbicides and other
<br />agricultural chemicals, or products customarily used in agricultural and commercial operations of
<br />the type currently conducted by said Trustor on the mortgaged premises; (ii) that said Trustor has
<br />never been and is not now party to any litigation or administrative proceedings and none is
<br />presently threatened, which asserts or alleges that said Trustor violated any federal, state or local
<br />environmental law, statute, or regulation or the common law of any state pertaining to the
<br />condition or use of real property; (iii) that neither said Trustor nor the mortgaged premises to the
<br />best of his knowledge (it being understood that Trustor has conducted no environmental
<br />assessment or similar investigation) is or has been subject to any judgment, decree, order or
<br />citation related to or arising out of any federal, state or local environmental law, statute, or
<br />regulation; (iv) as to all operations, including but not limited to the use of the pesticides,
<br />herbicides, other agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural
<br />and commercial operations on the mortgaged premises, said Trustor represents and warrants that
<br />during all previous times to the best of his knowledge (it being understood that said Trustor has
<br />conducted no environmental assessment or similar investigation), and in the future times while
<br />said Beneficiary has a mortgage interest in the mortgaged premises, said Trustor has been and
<br />will be in compliance with all present and future federal, state and local environmental statutes,
<br />regulations, and ordinances and have and will secure and hold all applicable licenses and permits.
<br />The said Trustor hereby further represents and warrants to said Beneficiary that he has not
<br />caused or permitted and said Trustor will not hereafter cause or permit (i) the use of the
<br />mortgaged premises for any of (a) a sanitary land fill, (b) a dump, or (c) disposal of waste, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal,
<br />state or local environmental law, statute or regulation of any kind, (ii) the deposit or location in,
<br />under or upon the mortgaged premises or any adjacent parcels thereto of any such waste, oil,
<br />pesticides, substances or materials in violation of any applicable federal, state or local
<br />environmental law, statute or regulation, or (iii) the contamination by any such waste, oil or
<br />petroleum hydrocarbons, pesticides, substances or materials of any part of the mortgaged
<br />premises or any adjacent parcels thereto, including ground water located thereon. All toxic or
<br />hazardous substances or materials, or oil or petroleum hydrocarbons as defined in any federal,
<br />state or local environmental law, statute or regulation, which have been or may be used by any
<br />person for any purpose upon the mortgaged premises have been to the best of his knowledge (it
<br />being understood that said Trustor has conducted no environmental assessment or similar
<br />investigation) and shall be used or stored thereon only in a safe, approved manner, in accordance
<br />with all industrial standards and all laws, regulations and requirements for such storage
<br />promulgated by any governmental authority. The mortgaged premises has not been to the best of
<br />said Trustor's knowledge (it being understood that said Trustor has conducted no environmental
<br />assessment or similar investigation) and will not hereafter be used for the purpose of storing such
<br />substances for any use other than normal business operations and no such storage or use has been
<br />to the best of said Trustor's knowledge (it being understood that said Trustor has conducted no
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