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201901173
<br />this Deed of Trust or under any loan agreement, promissory note or any other instrument
<br />or document evidencing or securing any indebtedness hereby secured or setting forth
<br />terms and conditions applicable thereto or otherwise relating thereto, or (d) the condition
<br />or fair market value of the Mortgaged Premises.
<br />"RCRA" means the Solid Waste Disposal Act, as amended by the Resource
<br />Conservation and Recovery Act of 1976 and Hazardous and Solid Waste Amendments of
<br />1984, 42 U.S.C. §§6901 et seq., and any future amendments.
<br />"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,
<br />discharging, injecting, escaping, leaching, migration, dumping, or disposing into the
<br />indoor or outdoor environment, including, without limitation, the abandonment or
<br />discarding of barrels, drums, containers, tanks or other receptacles containing or
<br />previously containing any Hazardous Material.
<br />(b) Representations and Warranties. Except as set forth in the Environmental
<br />Assessment, none of which disclosures individually or in the aggregate could reasonably be
<br />expected to cause a Material Adverse Effect, Grantor represents and warrants that: (i) Grantor
<br />and the Mortgaged Premises comply in all material respects with all applicable Environmental
<br />Laws; (ii) Grantor has obtained all governmental approvals required for its operations and the
<br />Mortgaged Premises by any applicable Environmental Law; (iii) Grantor has not, and has no
<br />knowledge of any other person who has, caused any Release, threatened Release or disposal of
<br />any Hazardous Material at, on, about, or off the Mortgaged Premises in any material quantity
<br />and, to the knowledge of Grantor, the Mortgaged Premises is not adversely affected by any
<br />Release, threatened Release or disposal of a Hazardous Material originating or emanating from
<br />any other property; (iv) to the knowledge of Grantor, other than as disclosed in the environmental
<br />reports previously furnished to the Beneficiary, the Mortgaged Premises does not contain and has
<br />not contained any: (1) underground storage tank, (2) material amounts of asbestos containing
<br />building material, (3) any landfills or dumps, (4) hazardous waste management facility as defined
<br />pursuant to RCRA or any comparable state law, or (5) site on or nominated for the National
<br />Priority List promulgated pursuant to CERCLA or any state remedial priority list promulgated or
<br />published pursuant to any comparable state law; (v) Grantor has not used a material quantity of
<br />any Hazardous Material and has conducted no Hazardous Material Activity at the Mortgaged
<br />Premises in violation of applicable Environmental Law; (vi) Grantor has no material liability for
<br />response or corrective action, natural resource damage or other harm pursuant to CERCLA,
<br />RCRA or any comparable state law; (vii) Grantor is not subject to, has no notice or knowledge of
<br />and is not required to give any notice of any Environmental Claim involving Grantor or the
<br />Mortgaged Premises, and there are no conditions or occurrences at the Mortgaged Premises
<br />which could reasonably be anticipated to form the basis for an Environmental Claim against
<br />Grantor or the Mortgaged Premises; (viii) the Mortgaged Premises is not subject to any, and
<br />Grantor has no knowledge of any imminent, restriction on the ownership, occupancy, use or
<br />transferability of the Mortgaged Premises in connection with any (1) Environmental Law or (2)
<br />Release, threatened Release or disposal of a Hazardous Material; and (ix) there are no conditions
<br />or circumstances at the Mortgaged Premises which pose an unreasonable risk to the environment
<br />or the health or safety of persons.
<br />-17-
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