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20001.180
<br />with, all governmental permits and licenses required with respect to the Premises and Borrower's
<br />current and expected activities at the Premises. The Premises shall be maintained in compliance
<br />with all Environmental Laws, regulations and ordinances; and
<br />(iv) Borrower has never received a summons, citation, directive,
<br />notice of violation, letter or other communication, written or oral, from any federal, state or local
<br />governmental agency, or from any other third party, concerning any current or potential
<br />environmental contamination or degradation of or at the Premises, or which names or designates
<br />Borrower as a potentially responsible party in any remedial, removal and /or cleanup action
<br />respecting the Premises or any offsite facility to which any Hazardous Substances used,
<br />generated, sold, handled, stored, reclaimed, recycled or present at or upon the Premises has been
<br />transported or sent for treatment or disposal; and
<br />(v) Neither Borrower nor any Tenant shall cause, or permit to
<br />exist, any release, spill, leak, pumping, emitting, pouring, emptying or dumping of any
<br />Hazardous Substance into the environment, whether or not such release, spill, leak or other act
<br />is in compliance with regulations of Federal, state or local governmental authorities. Borrower
<br />agrees not to allow the installation of any type of storage tank containing any Hazardous
<br />Substance on, above or below the Premises; and
<br />(vi) As soon as possible, and in any event within five (5) days
<br />after receipt by Borrower, Borrower shall give written notice to American Family, along with
<br />a copy, of any notice or claim to the effect that the Borrower is or may be liable to any person
<br />as a result of the release or threatened release by Borrower or any other person of any Hazardous
<br />Substances into the environment, and /or any notice alleging any violation of any Federal, state,
<br />local Environmental Law with respect to the Premises or by Borrower and shall keep the
<br />Premises free of any encumbrance arising from any Lien, judgment, cost, demand or liability
<br />imposed pursuant to any Environmental Law; and
<br />(vii) In the event of the release, discharge, spill or leakage of any
<br />Hazardous Substance at, upon or affecting the Premises, or in the event of the discovery of any
<br />past release, discharge, spill or leakage of any Hazardous Substance at, upon or affecting the
<br />Premises, whether or not such release, discharge, spill or leakage is due to the action or inaction
<br />of Borrower or any Tenant, Borrower shall promptly remediate and /or cleanup such release,
<br />discharge, spill or leakage to the extent required by, and in conformance with, any applicable
<br />Environmental Laws.
<br />(b) Should any representation or warranty of Borrower to American
<br />Family prove to be false on the date made, or should Borrower fail to comply with any of the
<br />affirmative covenants contained in this Section, such falsehood or failures shall constitute an
<br />Event of Default and shall entitle American Family to exercise all remedies available to it under
<br />this Trust Deed and the Loan Documents.
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