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<br />investigations, studies, sampling, and testing and all remedial,
<br />removal, and other actions necessary to clean up and remove any and
<br />all hazardous substance, solid waste, contaminant, UST, asbestos or
<br />formaldehyde insulation, in, from or affecting any portion of the
<br />Trust Property, and take any and all actions necessary to reduce
<br />radon gas concentration to a level less than 2pCi /1 in any
<br />structure or improvement or any enclosed space in any structure or
<br />improvement comprising any part of or located on the Trust Property
<br />in accordance with alL Applicable Lams and with any orders and
<br />directives of any Governmental Authorities, and to the sale
<br />satisfaction of Beneficiary. 2rus$cr shal.S...givra smitten notice to
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<br />Beaefid aXy immediately upon M_ Tr.ustorIa reee- fat cif any Not:Lte of
<br />Env1*O r�1-: Hazard or ac ring knowledgo pf -of any
<br />_zcn - :het ids . f_ ..tnvironmentaL - hazard by azr . tenant or errant of
<br />any �' so = the Trust P erty r any 3r; i4nant ' or occup t .. - .:.:;
<br />of azeal::per nticus {fie La3�34 and (ii) Trustor
<br />arc n�t,ng k i��riedge;.:: .ti: Bence of aziT.-Aazardous substanc
<br />sol'ii &;'.tJaste," CO ntamr,' �,�t ,. ,N 7", asbestos air - ormaldehydie,. I r ukaici
<br />or a on gas concentt 'ion-- :in excess of 2p ij1 on the. triiat
<br />•Propo ty or any part,-.:*ereof, or of any conditir3ar': that is resulting
<br />or could reasonably 14-m.-expected to result in
<br />Trustor or any adverm...�anvironmental impact on � 4141- :perggn., - with the ;
<br />written notice to gives ' a full description theraat b ; and ' Trustor_ :•:.
<br />shall promptly comply with all Applicable Envii0i.i ntal Laws
<br />requiring the notice; removal, treatment or diced el of any such.
<br />.haiain3ous substance, solid waste, contaminant, UST—asbestos,
<br />:fi3imaldehyde insulation or radon gas and shall provide Beneficiary
<br />w-th satisfactory evidence of such compliance; and Trustor shall
<br />provide Beneficiary, within thirty (30) days after demand by
<br />Beneficiary, with a bond, letter of credit or similar financial
<br />assurance evidencing to Beneficiary's satisfaction that sufficient
<br />funds are available to pay the cost of removing, treating, and
<br />disposing of any such hazardous substance, solid waste,
<br />contaminant, UST, asbestos, formaldehyde insulation or radon gas
<br />and discharging any assessments that may be established on the
<br />Trust Property as a result thereof.
<br />(d) Beneficiary (by its officers.,,• employees, directors
<br />and agents) at any time and from time to time, either prior to or
<br />after the occurrence of an Event of Default, may contract for the
<br />services of persons (the "Environmental Analysts ") to perform
<br />environmental site assessments ( "Site Assessments ") on the Trust
<br />Property or any part thereof for the purpose of determining whether,
<br />there exists on the Trust Property or any part thereof any
<br />condition that could result in any liability, cost, or expense to
<br />the owner, any occrpler or tenant, or operator of such Trust
<br />Property arising under any Applicable Environmental Laws. The Site
<br />Assessments may be performed at any time or times, upon reasonable
<br />notice to Trustor, as long as they do not unreasonably interfere.
<br />with Trustvz's use of the Trust Property for an unreasonable length
<br />of time. Tb.n Environmental Analysts are authorized to enter upon
<br />the Trust Property for such purposes and to perform both-above and
<br />below the gmund testing for environmental damage or the presence
<br />of any hazardous substance, solid waste, contaminant, UST,
<br />asbestos, or formaldehyde insulation on the Trust Property and such
<br />other tests on the Trust Property as may he necessary to conduct
<br />the Site Assessments in the opinion of the Environmental, Analysts.
<br />Trustor shall furnish the Environmental Analysts such historical
<br />and operational information regarding the Trust Property as may be
<br />reasonably requested by the Environmental Analysts to facilitate
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<br />the Site .ssessments and shall make available for meetings with the
<br />Environmental Analysts appropriate personnel having knowledge of
<br />such matters. All costs and expenses paid or incurred by
<br />Beneficiary in procuring any Site Assessments shall be secured
<br />hereby and shall be payablc to P,eneficiary by Trustor upon demand.
<br />(e) In addition to any other rights and remedies of
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<br />Beneficiary under this Deed of Trust, Beneficiary shall have the
<br />right, but not the obligation, without in any way limiting
<br />Beneficiary's other rights and remedies under this Deed of Trust,
<br />to enter onto the Trust Property or to take such other actions as
<br />D:\LOARDOC\HEALTH.DOT
<br />April 10, 1989 15
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