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20010725E
<br />(viii) There is not now, nor to Grantor's knowledge, has there ever
<br />been on or in the Real Property (A) any generation, treatment, recycling,
<br />storage or disposal of any hazardous waste, as that term is defined under 40
<br />C.F.R. Part 261 or any state equivalent, (B) any underground storage tanks or
<br />surface impoundments, (C) any polychlorinated biphenyls used in hydraulic oils,
<br />electrical transformers or other equipment, or (D) any asbestos containing
<br />material;
<br />(ix) Grantor has no material contingent liability in connection with
<br />any release or threatened release of any Contaminants (as defined below) into
<br />the environment; and
<br />(x) As of the date hereof, Grantor has not received notice of, and is
<br />not otherwise aware of any lien against, the Real Property in favor of any
<br />governmental entity for (A) liability under federal or state environmental laws or
<br />regulations, or (B) damages arising from or costs incurred by such governmental
<br />entity in response to a release or threatened release of a Contaminant (as defined
<br />below) into the environment.
<br />(xi) "Contaminant" shall mean any pollutant, hazardous substance,
<br />hazardous chemical, toxic substance, hazardous waste or special waste (as those
<br />terms are defined in any environmental law applicable to the Real Property),
<br />radioactive material, petroleum, crude oil, any petroleum- derived substance,
<br />product or waste, including, but not limited to, polychlorinated biphenyls and
<br />asbestos.
<br />(xii) "Environmental Laws" shall mean all statutes, rules, codes,
<br />regulations, ordinances and other laws relating to or addressing the
<br />environment, health or safety, including, but not limited to, the Clean Air Act,
<br />the Clean Water Act, the Resource Conservation and Recovery Act, the
<br />Comprehensive Environmental Response Compensation and Liability Act, the
<br />Toxic Substances Control Act and the Occupational Safety and Health Act.
<br />(xiii) Grantor shall hold harmless, defend and indemnify Beneficiary,
<br />its affiliates, successors and /or assigns and all of its and their officers, directors,
<br />trustees, employees and agents from and against all proceedings (including but
<br />not limited to governmental actions), claims, damages, penalties, costs and
<br />expenses (including without limitation reasonable fees and expenses of attorneys
<br />and expert witnesses, investigatory fees, and clean -up and remediation expenses,
<br />whether or not incurred within the context of the judicial process), arising
<br />directly or indirectly from (A) any breach of any representation, warranty or
<br />obligation of Grantor contained in this subsection 2(h) or (B) the presence or
<br />alleged presence of any Contaminants on or under the Real Property.
<br />(i) Grantor owns, is licensed or otherwise has the right to use or is in
<br />possession of all licenses, permits and government approvals or authorizations, patents,
<br />IM
<br />003.302830.1
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