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<br />(b) take all steps necessary to promptly clean up such discharge, spill, injection, escape,
<br />emission, disposal, leak or another release in accordance with the provisions of all
<br />applicable Environmental Laws, and
<br />(c) receive certification from the appropriate State Department of Environmental Resources
<br />or Federal Environmental Protection Agency that the Premises, and any other property
<br />affected, has been cleaned up to the satisfaction of those agencies.
<br />That Trustor shall and does hereby grant Trustee and Trustee's agents, employees, contractors and
<br />designees an irrevocable license (coupled with an interest) to enter the Premises from time to time to:
<br />(a) evaluate and monitor the Premises for compliance with all Environmental Laws and the
<br />terms of the Trust Deed,
<br />(b) to evaluate the presence of hazardous substances, and
<br />(c) to perform appropriate tests and test borings, including taking soil and ground water
<br />samples.
<br />That Trustor shall provide Trustee with all notices and other communications received from federal,
<br />state and local agencies and departments which enforce and administer the Environmental Laws. From
<br />time to time Trustor shall provide Trustee, upon request, any and all information requested by Trustee
<br />concerning the use of the Premises and Trustor's compliance with the Environmental Laws and the terms
<br />of this Trust Deed, including but not limited to, all licenses, permits and certificates, and the book and
<br />records pertaining to the Premises.
<br />That Trustor shall require that all tenants, subtenants, undersubtenants and other occupants of the
<br />Premises to use and occupy the Premises in strict compliance with the Environmental Laws and the terms
<br />of this Trust Deed.
<br />That Trustor shall and does hereby release, indemnify, agree to pay on behalf of and hold harmless
<br />Trustee, its officers, directors, agents, employees, successors and assigns of, from and against any
<br />impositions imposed by any governmental authority for any lien or so-called "super priority lien" upon
<br />the Premises, as well as all losses, claims, costs, liabilities, penalties, punitive damages, causes of action,
<br />actions, demands, damages, fines (civil or criminal), penalties, expenses, clean-up costs, attorneys' fees
<br />and court costs, caused in whole or in part, regardless of fault, by any past, present or future owner,
<br />occupier, tenants, subtenant, undersubtenant, licensee, guest, or any other person or entity, including but
<br />not limited to the Trustor and Trustee, which may be incurred, suffered or sustained by Trustee, its
<br />officers, directors, successors or assigns, at any time, and from time to time, whether before, during or
<br />after enforcement of its rights and remedies hereunder after the occurrence of an Event of Default and
<br />after payment of all sums secured hereby, by reason of or arising from, in whole or in part;
<br />(a) the presence or alleged presence of asbestos, asbestos -containing materials, PCB's, radon
<br />gas, or UFFI on the Premises;
<br />(b) any violation or alleged violation of any of the terms of this Trust Deed;
<br />(c) any violation or alleged violation of any Environmental Law; and
<br />(d) any release or contamination caused by any hazardous substance on, in, under, onto, from
<br />or about the Premises; or
<br />(e) any liability for personal injury, property damage or damage to the environment due to
<br />(a), (b), (c) or (d) above ("Receivable Claims").
<br />That the terms of this paragraph shall survive the payment in full of all sums secured hereby and the
<br />termination and satisfaction of record of this Trust Deed and/or a deed in lieu of foreclosure.
<br />That Trustor agrees that in the event Trustee shall pay any Receivable Claims, all such sums shall be
<br />added to the amount secured hereby, shall be deemed to be obligatorily advanced under the terms of the
<br />Loan Documents, shall be secured hereby and shall be payable on demand by Trustor. The terms of this
<br />paragraph shall survive the payment in full of all other sums secured hereby and the termination and
<br />satisfaction of record of this Trust Deed.
<br />That Trustor warrants and represents to Trustee that Trustor has investigated the prior ownership and
<br />use of the Premises, in a manner consistent with good commercial and customary practice, to determine
<br />that the Premises is free of hazardous substances. Trustor, in performing its investigation, has considered,
<br />among other factors:
<br />
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