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200102665
<br />hazardous waste" by Hazardous Materials Law or regulated by Hazardous Materials Law in any
<br />manner whatsoever.
<br />The term "Hazardous Materials Law," for the purposes of this paragraph 6, means all federal,
<br />state, and local laws, ordinances and regulations and standards, rules, policies and other binding
<br />governmental requirements and any court judgments applicable to Borrower or to the Property
<br />relating to industrial hygiene or to environmental or unsafe conditions or to human health including,
<br />but not limited to, those relating to the generation, manufacture, storage, handling, transportation,
<br />disposal, release, emission or discharge of Hazardous Materials, those in connection with the
<br />construction, fuel supply, power generation and transmission, waste disposal or any other operations
<br />or processes relating to the Property, and those relating to the atmosphere, soil, surface and ground
<br />water, wetlands, stream sediments and vegetation on, under, in or about the Property.
<br />The representations, warranties, covenants, agreements, indemnities and undertakings of
<br />Borrower contained in this paragraph 6 shall be in addition to any and all other obligations and
<br />liabilities that Borrower may have to Lender under applicable law.
<br />The representations, warranties, covenants, indemnities and of Borrower contained in this
<br />paragraph 6 shall continue and survive as long as the environmental liabilities set forth in the
<br />Environmental Indemnification Agreement survive, notwithstanding the satisfaction, discharge,
<br />release, assignment, termination, subordination or cancellation of the Instrument or the payment in
<br />full of the principal of and interest on the Note and all other sums payable under the Loan Documents
<br />or the foreclosure of the Instrument or the tender or delivery of a deed in lieu of foreclosure or the
<br />release of any portion of the Property from the lien of this Instrument, except with respect to any
<br />Prohibited Activities or Conditions or violation of any of the Hazardous Materials Laws which first
<br />commences and occurs after the satisfaction, discharge, release, assignment, termination or
<br />cancellation of this Instrument following the payment in full of the principal of and interest on the
<br />Note and all other sums payable under the Loan Documents or which first commences or occurs after
<br />the actual dispossession from the entire Property of the Borrower following foreclosure of this
<br />Instrument or acquisition of the Property by a deed in lieu of foreclosure. Nothing in the foregoing
<br />sentence shall relieve the Borrower from any liability with respect to any Prohibited Activities or
<br />Conditions or violation ofHazardous Materials Laws where such Prohibited Activities or Conditions
<br />or violation of Hazardous Materials Laws commences or occurs, or is present as a result of, any act
<br />or omission by the Borrower or by any person or entity acting on behalf of the Borrower.
<br />7. USE OF PROPERTY. Unless required by applicable law or unless Lender has
<br />otherwise agreed in writing, Borrower shall not allow changes in the use for which all or any part of
<br />the Property was intended at the time this Instrument was executed. Borrower shall not initiate or
<br />acquiesce in a change in the zoning classification of the Property without Lender's prior written
<br />consent.
<br />8. PROTECTION OF LENDER'S SECURITY. If there exists an uncured event of
<br />default or Borrower breaches any of its obligations to perform the covenants and agreements
<br />contained in this Instrument, or if any action or proceeding is commenced which affects the Property
<br />or title thereto or the interest of Lender therein, including, but not limited to, eminent domain,
<br />insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then
<br />1048094.1 8
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