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201605317
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Last modified
8/17/2016 2:24:21 PM
Creation date
8/17/2016 2:24:20 PM
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DEEDS
Inst Number
201605317
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The term "Hazardous Substance" shall include without limitation: <br />201605317 <br />(i) Those substances included within the definitions of "hazardous <br />substances," "hazardous materials," "toxic substances," or "solid waste" <br />in CERCLA, RCRA and the Hazardous Materials Transportation Act 49 <br />USC §§ 1801 et. seq., and in the regulations promulgated pursuant to <br />such laws; <br />(ii) Those substances listed in the United States Department of <br />Transportation Table (49 CFR 172.01 and amendments thereto) or by the <br />Environmental Protection Agency (or any successor agency) as hazardous <br />substances (40 CFR Part 302 and amendments thereto); <br />(iii) Such other substances, materials and wastes which are or become <br />regulated under applicable local, state or federal law or the United States <br />Government, or which are classified as hazardous or toxic under federal, <br />state or local laws or regulations; and <br />(iv) Any material, waste or substance which is (a) petroleum, (b) <br />asbestos, (c) polychlorinated biphenyls, (d) designated as a "hazardous <br />substance" pursuant to Section 311 of the Clean Water Act, 33 USC <br />1251 et. seg. (33 USC 1321) or listed pursuant to §§ 307 of the Clean <br />Water Act (33 USC 1317); (e) flammable explosives; or (f) radioactive <br />materials. <br />1.15 Accurate Loan Information. Trustor warrants that all information and <br />financial statements furnished or to be furnished to Beneficiary by or on behalf of <br />Borrower in connection with the Obligations secured by this Deed of Trust is or at the <br />time of delivery will be complete and accurate in all material respects. <br />1.16 Patriot Act. <br />(a) As of the date of this Deed of Trust, Trustor is and, during the term of <br />this Deed of Trust shall remain, in full compliance with all the applicable laws <br />and regulations of the United States of America that prohibit, regulate or <br />restrict financial transactions, including but not limited to, conducting any <br />activity or failing to conduct any activity, if such action or inaction constitutes a <br />money laundering crime, including any money laundering crime prohibited <br />under the Money Laundering Control Act, 18 U.S.C. 1956, 1957, or the Bank <br />Secrecy Act, 31 U.S.C. 5311 et seq. and any amendments or successors thereto <br />and any applicable regulations promulgated thereunder. <br />(b) Trustor represents and warrants that: (i) neither it, nor any of its <br />constituent owners or any officer, director, member, manager, partner or <br />employee, is or will become named as a "Specially Designated National and <br />Blocked Person" as designated by the United States Department of the <br />Treasury's Office of Foreign Assets Control or as a person, group, entity or <br />nation designated in Presidential Executive Order 13224 as a person who <br />commits, threatens to commit, or supports terrorism; (ii) it is not owned or <br />controlled, directly or indirectly, by the government of any country that is <br />11 <br />
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