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Loan No: _
<br />201903798
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) Page 2
<br />leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances into any waters, ambient air or
<br />onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, biota, air or other
<br />natural resources.
<br />AFFIRMATIVE COVENANTS. Indemnitor covenants with Lender as follows:
<br />Use of Property. Indemnitor will not use and does not intend to use the Property to generate, manufacture, refine,
<br />transport, treat, store, handle or dispose of any Hazardous Substances, PCBs, lead paint or asbestos.
<br />Compliance with Environmental Laws. Indemnitor shall cause the Property and the operations conducted on it to
<br />comply with any and all Environmental Laws and orders of any governmental authorities having jurisdiction under
<br />any Environmental Laws and shall obtain, keep in effect and comply with all governmental permits and
<br />authorizations required by Environmental Laws with respect to such Property or operations. Indemnitor shall
<br />furnish Lender with copies of all such permits and authorizations and any amendments or renewals of them and
<br />shall notify Lender of any expiration or revocation of such permits or authorizations.
<br />Preventive, Investigatory and Remedial Action. lndemnitor shall exercise extreme care in handling Hazardous
<br />Substances if lndemnitor uses or encounters any. lndemnitor, at Indemnitor's expense, shall undertake any and all
<br />preventive, investigatory or remedial action (including emergency response, removal, containment and other
<br />remedial action) (a) required by any applicable Environmental Laws or orders by any governmental authority having
<br />jurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property damage (including damage
<br />to Occupant's own property), personal injury or damage to the environment, or the threat of any such damage or
<br />injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any
<br />Occupant on the Property. In the event Indemnitor fails to perform any of Indemnitor's obligations under this
<br />section of the Agreement, Lender may (but shall not be required to) perform such obligations at Indemnitor's
<br />expense. All such costs and expenses incurred by Lender under this section and otherwise under this Agreement
<br />shall be reimbursed by Indemnitor to Lender upon demand with interest at the Note default rate, or in the absence
<br />of a default rate, at the Note interest rate. Lender and Indemnitor intend that Lender shall have full recourse to
<br />Indemnitor for any sum at any time due to Lender under this Agreement. In performing any such obligations of
<br />Indemnitor, Lender shall at all times be deemed to be the agent of Indemnitor and shall not by reason of such
<br />performance be deemed to be assuming any responsibility of lndemnitor under any Environmental Law or to any
<br />third party. Indemnitor hereby irrevocably appoints Lender as Indemnitor's attorney-in-fact with full power to
<br />perform such of Indemnitor's obligations under this section of the Agreement as Lender deems necessary and
<br />appropriate.
<br />Notices. Indemnitor shall immediately notify Lender upon becoming aware of any of the following:
<br />(1) Any spill, release or disposal of a Hazardous Substance on any of the Property, or in connection with any
<br />of its operations if such spill, release or disposal must be reported to any governmental authority under
<br />applicable Environmental Laws.
<br />(2) Any contamination, or imminent threat of contamination, of the Property by Hazardous Substances, or
<br />any violation of Environmental Laws in connection with the Property or the operations conducted on the
<br />Property.
<br />(3) Any order, notice of violation, fine or penalty or other similar action by any governmental authority relating
<br />to Hazardous Substances or Environmental Laws and the Property or the operations conducted on the
<br />Property.
<br />(4) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or
<br />Environmental Laws and to the Property or the operations conducted on the Property.
<br />(5) Any matters relating to Hazardous Substances or Environmental Laws that would give a reasonably
<br />prudent Lender cause to be concerned that the value of Lender's security interest in the Property may be
<br />reduced or threatened or that may impair, or threaten to impair, Indemnitor's ability to perform any of its
<br />obligations under this Agreement when such performance is due.
<br />Access to Records. Indemnitor shall deliver to Lender, at Lender's request, copies of any and all documents in
<br />Indemnitor's possession or to which it has access relating to Hazardous Substances or Environmental Laws and
<br />the Property and the operations conducted on the Property, including without limitation results of laboratory
<br />analyses, site assessments or studies, environmental audit reports and other consultants' studies and reports.
<br />Inspections. Lender reserves the right to inspect and investigate the Property and operations on it at any time and
<br />from time to time, and Indemnitor shall cooperate fully with Lender in such inspection and investigations. If Lender
<br />at any time has reason to believe that Indemnitor or any Occupants of the Property are not complying with all
<br />applicable Environmental Laws or with the requirements of this Agreement or that a material spill, release or
<br />disposal of Hazardous Substances has occurred on or under the Property, Lender may require Indemnitor to furnish
<br />Lender at Indemnitor's expense an environmental audit or a site assessment with respect to the matters of concern
<br />to Lender. Such audit or assessment shall be performed by a qualified consultant approved by Lender. Any
<br />inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any
<br />responsibility or liability on the part of Lender to any Indemnitor or to any other person.
<br />INDEMNITOR'S WAIVER AND INDEMNIFICATION. lndemnitor hereby agrees to and shall indemnify, defend, and hold
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