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200109056
<br />Grantor represents and warrants to Grantee that:
<br />(a) To the best of its knowledge, the Premises are free from any asbestos, asbestos
<br />containing material, petroleum (including crude oil or any fraction thereof), natural gas or synthetic gas,
<br />including mixtures thereof and whether liquified or not, or other Hazardous Materials (as defined below)
<br />and that the Premises are not in violation of any laws, regulations or orders concerning Hazardous
<br />Materials.
<br />(b) To the best of its knowledge, the Premises are not listed or proposed for listing or
<br />threatened to be listed on the National Priorities List by the Environmental Protection Agency or on any
<br />registry or list maintained by any state or local agency, department or entity regarding Hazardous Materials,
<br />and that there have been no discussions between Grantor or its agents, employees or attorneys and state,
<br />federal or local officials concerning the possibility of such listings.
<br />(c) To the best of its knowledge, there has been no storage, disposal, discharge,
<br />deposit, injection, dumping, leaking, spilling, placing or escape of any Hazardous Materials on, in, under
<br />or from the Premises. Grantor shall not permit the storage, disposal, discharge, deposit, injection,
<br />dumping, leaking, spilling, placing or escape of any Hazardous Material on, in or around the Premises now
<br />or at any future time so long as any portion of the Obligations remains unpaid or unsatisfied.
<br />(d) Grantor shall comply with any and all laws, regulations or orders with respect to
<br />the discharge and removal of Hazardous Material, shall pay immediately when due the cost of removal of
<br />any such Hazardous Material, and shall keep the Premises free of any lien imposed pursuant to such laws,
<br />regulations or orders. In the event Grantor fails to do so, after notice to Grantor, Grantee may either
<br />declare this Deed of Trust to be in default and /or cause the Premises to be freed from the Hazardous
<br />Materials. Grantor shall give to Grantee and its agents and its employees access to the Premises and hereby
<br />specifically grants to Grantee a license to remove the Hazardous Materials if Grantor shall so choose but
<br />Grantee shall not be obligated to do so. Grantor (jointly and severally if there is more than one party
<br />constituting Grantor) shall indemnify Grantee and Trustee and hold them harmless from and against all loss,
<br />cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs incurred in
<br />the investigation, defense and settlement of claims) that Grantee may incur as a result of or in connection
<br />with the assertion against Grantee or Trustee of any claim relating to the presence or removal of any
<br />Hazardous Material or contaminant referred to in this Section 2.05, or compliance with any federal, state
<br />or local regulations relating thereto.
<br />(e) As used herein, the term "Hazardous Material" shall mean any asbestos,
<br />flammable substances, explosives, radio active materials, PCB -laden oil, hazardous materials, pollutants,
<br />contaminates, toxic substances, pollution or related materials from time to time specified as such in, or
<br />regulated under any federal, state or local laws, ordinances, rules, regulations or policies governing use,
<br />spillage, leakage, dumping, storage, treatment, transportation, manufacturer, refinement, handling,
<br />production or disposal of any hazardous substance (as defined in the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980, 42 U.S.C. 09601(14) as amended from time to time,
<br />and the regulations promulgated thereunder), or any hazardous waste (as defined in the Resource
<br />Conservation and Recovery Act of 1976 42 U.S.C. 06903(5), as amended from time to time, and the
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