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<br />9.10 REMEDIES CUMULATIVE. Each remedy provided in this Instrument is distinct and
<br />cumulative to all other rights or remedies under this Instrument or afforded by law or equity, and may be
<br />exercised concurrently, independently, or successively, in any order whatsoever.
<br />9.11 FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver
<br />of or preclude the exercise of any right or remedy. The acceptance by Lender of payment of any sum
<br />secured by this Instrument after the due date of such payment shall not be a waiver of Lender's right to
<br />either require prompt payment when due of all other sums so secured or to declare a default for failure to
<br />make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by
<br />Lender shall not be a waiver of Lender's right to accelerate the maturity of the Indebtedness, nor shall
<br />Lender's receipts of any awards, proceeds or damages under this Instrument operate to cure or waive
<br />Grantor's default in payment of sums secured by this Instrument.
<br />9.12 WAIVER OF MARSHALLING. Notwithstanding the existence of any other security
<br />interests in the Property held by Lender or by any other party, Lender shall have the right to determine the
<br />order in which any or all portions of the Indebtedness are satisfied from the proceeds realized upon the
<br />exercise of the remedies provided in this Article IX. Grantor, any party who consents to this Instrument
<br />and any party who now or hereafter acquires a security interest in the Property and who has actual or
<br />constructive notice of this Instrument and Lender's rights and interests under this Instrument, hereby
<br />waive any and all right to require the marshalling of assets in connection with the exercise of any of the
<br />remedies permitted by applicable law or provided by this Instrument.
<br />ARTICLE X
<br />ENVIRONMENTAL, HEALTH, AND SAFETY MATTERS
<br />10.1 DEFINITIONS. For the purposes of this Instrument, Grantor, Lender and Trustee agree
<br />that, unless the context otherwise specifies or requires, the following terms shall have the following
<br />meanings:
<br />(a) "Governmental Requirements" means any and all laws, statutes, ordinances,
<br />rules, regulations, orders, or determinations of any governmental authority, whether federal, state, county,
<br />city, or otherwise, pertaining to health, safety, or the environment in effect in any and all jurisdictions in
<br />which Grantor conducts business or where the Property is located, including without limitation: (i) the
<br />Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), as amended from time to
<br />time including without limitation as amended by the Used Oil Recycling Act of 1980, the Solid Waste
<br />Disposal Act Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984 ("RCRA"),
<br />and regulations promulgated thereunder; (ii) the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), as amended from time to time, including without
<br />limitation as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), and
<br />regulations promulgated thereunder; (iii) the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), as
<br />amended from time to time; (iv) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.),
<br />as amended from time to time ("ADA"), and all regulations and guidelines promulgated pursuant to the
<br />ADA, and all other similar laws, and the Fair Housing Amendments Act of 1988, and all as amended from
<br />time to time and including all regulations promulgated pursuant to any one or more of them; (v) the
<br />Endangered Species Act (15 U.S.C. § 1531 et seq.), as amended from time to time; and (vi) laws, statutes,
<br />ordinances, rules, regulations, orders, or determinations relating to "wetlands", including without
<br />limitation those set forth in the Clean Water Act (33 U.S.C. § 1251 et seq.), as amended from time to time.
<br />(b) "Hazardous Materials" means (i) any "hazardous waste" as defined by RCRA,
<br />and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by CERCLA, and
<br />regulations promulgated thereunder; (iii) any toxic substance as defined under or regulated by the Toxic
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