|
ENV
<br />THIS ENVIRONMENTAL RIDER is made this ........ day of
<br />and is incorporated into and shall be
<br />deemed to amend and supplement the Mortgage, Deed of Trust or
<br />Security Deed (the "Security Instrument" of the same date
<br />given by the undersigned (the "Borrower ") to secure
<br />Borrower's note to .......... ...............................
<br />....................... (the "Lender ") of the
<br />same date and covering the property described in the Security
<br />Instrument.
<br />ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to
<br />the representations and warranties made in the Security
<br />Instrument, Borrower further certifies that it has exercised
<br />due diligence to ascertain whether the premises or any site
<br />within the vicinity of the premises is or has been affected
<br />by the presence of asbestos, radon, lead, hazardous or
<br />nuclear waste toxic substances, or other pollutants or
<br />hazardous wastes or materials that could be a detriment to
<br />the premises or its value. Borrower further certifies that
<br />it has exercised due diligence to ascertain whether the
<br />premises or any operation thereon violates any local, state
<br />or federal laws, regulations or standards.
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />1. Borrower, its successors and assigns and Borrower's
<br />(guarantors (collectively referred to in this Paragraph 1 as
<br />'Borrower ") agree to defend, indemnify and hold harmless
<br />Lender, its directors, officers employees, agents,
<br />contractors, sub - contractors, licensees, invitees, successors
<br />and assigns (collectively referred to in this Paragraph 1 as
<br />"Lender"), from and against any and all claims, demands
<br />judgements damages, actions, causes of action, injuries,
<br />administrative orders, consent agreement and orders,
<br />liabilities,,penalties, costs, and expenses of any kind
<br />whatsoever, including claims arising out of loss of life,
<br />injury to persons, property, or business or damage to natural
<br />resources in connection with the activities of Borrower, its
<br />predecessors in interests third parties who have trespassed
<br />on the Premises, or parties in a contractual relationship
<br />with Borrower, or any of them( whether or not occasioned
<br />wholly or in part by any condition, accident or event caused
<br />by any act or omission of Lender, which:
<br />(A) _Arises out of the actual, alleged or threatened
<br />A dispersal, release, storage, treatment,
<br />generation, disposal or escape of pollutants or other
<br />toxic or hazardous substances, including any solid,
<br />liquid( gaseous or thermal irritant or contaminant,
<br />including smoke, vapors soot( fumes, acids, alkalis,
<br />chemicals and wastes (including materials to be recycled,
<br />reconditioned or reclaimed); or
<br />(B) Actually or allegedly arises out of the use,
<br />specification( or inclusion of any product, material or
<br />process containing chemicals, the failure to detect the
<br />existence or proportion of chemicals in the soil, air,
<br />surface water or groundwater, or the performance of
<br />failure to perform the abatement of any ppollution source
<br />or the replacement or removal of any soil, water, surface
<br />water, or groundwater containing chemicals.
<br />i�
<br />O
<br />Fj
<br />G
<br />Ut
<br />2. The Borrower, its successors and assigns, shall bear, pay
<br />and discharge when and as the same become due and payable(
<br />any and all such judgements or claims for damages, penalties
<br />or otherwise against Lender described in Paragraph 1, and
<br />shall hold Lender harmless for those judgements or claims,
<br />and shall assume the burden and expense of defending all
<br />suits( administrative proceedings, and negotiations of any
<br />description with any and all persons, political subdivisions
<br />or government agencies arising out of any of the occurrences
<br />set forth in Paragraph 1.
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms
<br />and covenants contained in this Environmental Rider.
<br />.. ... (Seal)
<br />- Borrower
<br />.. .. :................(Seal)
<br />- Borrower
<br />...(Seal)
<br />- Borrower
<br />
|