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<br />89" 10193A
<br />no polychlorinated biphenyls have been stored in, released,
<br />discharged or contained in the Trust Property or are or have been
<br />contained in any fixture within the Trust Property or any of the
<br />collateral; and.all structures which constitute a part of the Trust
<br />Property and any building or improvement situated on the Land has
<br />been renovated or. erected in compliance with, and no structure
<br />which constitutes a part of the Trust Property or any building
<br />situated on the Land shall be demolished or renovated unless such
<br />demolition or renovation is conducted in compliance with, the Clean
<br />Air Act ( "CAA"), 42 U.S.C. §§ 7401 et. seer. (1986), as amended from
<br />time to time, and all regulations promulgated thereunder,
<br />including, but not limited to,. the Wational Emission Standards fair
<br />Hazardous Air Pollutants "WWRAP" , 40 C.F'R_ §§ 61.140 6t-
<br />(1986), as amended from time to time,. .-and ail other - applicabjt�..., .
<br />federal, state and local laws, statutes, rules, reg ulatie s. or"dets
<br />and determinations, now or heseafter.existing, and all aa' dments
<br />thereto;
<br />(e) there is no Undergrq�d'Stc�ge Tank ( "UST ") located
<br />on, in, or about the Land, nor has 4hy UST at any time been removed
<br />from the Land, and at no time has there be'SZI a release from any UST
<br />which has resulted in any hazardous substance, solid waste,
<br />contaminant or regulated substance coming'An contact with any of
<br />the Trust Property;
<br />(f) no liens affecting Trustor, the Land or any real
<br />property contiquous.to the Land exist or have been filed by the
<br />federal Envircren'tal Protection Agency or any other Governmental
<br />Authority purwaant to any Applicable Environmental Law or
<br />otherwise; and Trustor has not received any summons, directive,
<br />citation, notice, letter or other communication, whether written or
<br />oral (herein called a "Notice of Environmental Hazard "), from the
<br />Environmental Protection Agency, any other Governmental Authority
<br />or agency or instrumentality authorized pursuant to any Applicable
<br />Environmental Law, or any person concerning any intentional or
<br />unintentional action or omission by Trustor which may result in the
<br />release, disposal, discharge or injection of any hazardous.
<br />substance, st lid waste or contaminant on the Trust Prope'tt-y' , nor
<br />has Trustor received any notice of any such discharge, release air
<br />disposal of any hazardous substance; Solid waste or contaminant an
<br />or t* the Trust Property or of liability far any violation of any
<br />Applicable Environmental Law from any other person, including, but
<br />not Itnited to, any potentially responsible party under any
<br />Applicable Environmental Law, any other person or member of any
<br />steering committee or other group who has been identified by the
<br />Envirenmental,.Protection Agency, or any other Governmental
<br />Authority as being potentially liable for any expenditures incurred
<br />in the clean -pup, removal or abatement of any hazardous substance,
<br />solid waste, contaminant or UST fr ©m the Trust Property;
<br />(g) Trustor has neither,nerged with nor acquired any
<br />interest in any person, nor is Trustor an owner or operator of any
<br />real or personal property which is regulatnad by or in vialation of
<br />any Applicable Environmental Law. For the purposes of this
<br />subsection, the terms "person," "owner" and "operator" shall have
<br />the meanings specified in CERCLA; and
<br />(h) Trustor has no partnership or joint ventu a
<br />relationship with any shareholder, officer, or employee' of Trustor
<br />which could give rise to any violation of any Applicable
<br />Environmental Law.
<br />All of the foregoing representations and warranties made by
<br />Trustor shall be continuing and shall be true and correct for the
<br />period -from the date of this Deed of Trust through and as of the
<br />date of the payment of all indebtedness and the performance of all
<br />Obligations secured hereunder and the release of this Deed of Trust
<br />with the same force and effect as if made each day throughout such
<br />period, and all of such representations and warranties shall
<br />survive such payment, performance and release. For the purposes of
<br />this section, the term "Trustor" shall specifically mean and
<br />include Trustor and any employee, shareholder, partner, officer or
<br />director of Trustor and any subsidiary of Trustor.
<br />D:%LOAHDOC %HEALTH.DOT
<br />April 10, 1989 13
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