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201901174
<br />presence, use, generation, transportation, treatment, storage, disposal, Release, threatened
<br />Release, abatement, removal, remediation, handling of or corrective or response action to
<br />any Hazardous Material.
<br />"Legal Requirement" means any treaty, convention, statute, law, regulation,
<br />ordinance, license, permit, governmental approval, injunction, judgment, order, consent
<br />decree or other requirement of any governmental authority, whether federal, state, or
<br />local.
<br />"Material Adverse Effect" means any change or effect that individually or in the
<br />aggregate is or is reasonably likely to be materially adverse to (a) the assets, business,
<br />operations, income, condition (financial or otherwise) or prospects of Grantor, (b) the lien
<br />of any mortgage, deed of trust or other security agreement covering the Mortgaged
<br />Premises or any part thereof, (c) the ability of Grantor to perform its obligations under
<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
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