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200011180 <br />Water Pollution Control Act, 33 U.S.C. Section 1251, et seq., and all amendments thereto and <br />reauthorizations thereof; or (F) any "hazardous air pollutant" under the Clean Air Act, 42 U.S.C. <br />Section 7401, et seq., and all amendments thereto and reauthorizations thereof; <br />(ii) petroleum, crude oil or any fraction thereof; <br />(iii) natural gas, natural gas liquids, liquified natural gas (all the <br />foregoing collectively called "Natural Gas Products "), synthetic gas or mixtures of Natural Gas <br />Products and synthetic gas; <br />(iv) any radioactive material, including any source, special <br />nuclear or byproduct material, however produced, as defined in the Atomic Energy Act, 42 <br />U.S.C. Section 2011, et seq., and amendments thereto and reauthorizations thereof; <br />(v) asbestos - containing materials in any form or condition; <br />(vi) chemicals now subject to, or which become subject to, the <br />OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200, et seq.; <br />(vii) any hazardous biological agent or contaminant; <br />(viii) polychlorinated biphenyls ( "PCBs "); or <br />(ix) any paint or other surface coatings that contain lead. <br />Impositions: All sums in the form of taxes, assessments, water charges, sewer <br />charges, energy utility charges and other fees and charges of every kind and nature whatsoever, <br />together with any related penalties or interest charges resulting from a failure to timely pay such <br />sums, assessed or charged against or constituting a Lien upon the Premises or any interest therein <br />or the Indebtedness. <br />Indebtedness: Collectively (1) the principal sum of Five Million Six Hundred <br />Fifty Thousand and No /100 Dollars ($5,650,000.00) evidenced by the Note, the terms and <br />conditions of which are incorporated in this Trust. Deed by reference, together with any <br />modifications, extensions or renewals thereof, and any future advances made thereunder, and all <br />interest due thereon (including interest at the Default Rate, if any); (2) prepayment premiums <br />associated with prepayment, if any; (3) all Late Charges, if any; (4) all Recoverable Costs, if <br />any; (5) all Additional Interest, if any; and (6) all costs, expenses and liabilities arising out of <br />any indemnified matters, if any. <br />Index Rate: The interest rate that is Two Hundred Twenty (220) basis points <br />greater than the yield on U.S. Treasury securities with ten (10) years remaining to maturity. <br />R <br />