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200112868
<br />or permitted any Contaminant to be manufactured, placed, generated, stored, held,
<br />transferred, processed, produced, transported or disposed on, at, through or under the
<br />Property, nor has any property adjacent thereto ever been used (whether by Trustor or, to
<br />the best knowledge of Trustor, by any other person) as a location for the manufacture,
<br />placement, storage, location or disposal of any Contaminants, except in strict compliance
<br />with applicable law.
<br />(2) Neither Trustor nor, to the best of Trustor's knowledge and belief, any
<br />other person (including but not limited to prior owners, occupiers and tenants) has ever
<br />caused or permitted any Contaminant to be manufactured, placed, stored, located or
<br />disposed of on, under or at any other real property owned, occupied (under leases or
<br />licenses or otherwise) or operated by any Borrower, except in compliance with applicable
<br />Environmental Laws.
<br />(3) No lien has or is currently attached to any revenues or any real or
<br />personal property owned by any Borrower (including but not limited to the Property) as a
<br />result of any Governmental Authority expending monies as a result of any alleged
<br />Release or the existence of any Contaminant on or about the Property or a breach of an
<br />Environmental Law.
<br />(4) Neither Trustor nor, to the best of Trustor's knowledge and belief, any
<br />other person (including but not limited to prior owners, occupants, tenants and other
<br />Borrowers) has received any notice or advice of any Enforcement Action related to the
<br />Property or any adjacent property.
<br />(5) Trustor will keep the Property and any other real property owned,
<br />occupied or operated by Trustor free of any Contaminants and in compliance with
<br />applicable Environmental Laws.
<br />(6) Trustor will not use the Property or any other real property owned, operated
<br />or occupied by Trustor for the manufacture, placement, generation, storage, location or
<br />disposal of any Contaminant nor permit the Property or any other real property owned,
<br />occupied or operated by Trustor to be used in such a manner, except in strict compliance
<br />with applicable Environmental Laws.
<br />(7) In the event of any material Release of a Contaminant onto the Property
<br />or onto any other property owned, occupied or leased by Trustor or for which Trustor is
<br />otherwise responsible under applicable Environmental Laws, Trustor shall promptly
<br />notify Lender and remediate such Release in accordance with all Environmental Laws of
<br />appropriate governmental entities and authorities having jurisdiction.
<br />23. REMEDIES CUMULATIVE. Each remedy herein provided shall not be exclusive of
<br />any other remedy herein or now or hereafter existing by law, and may be exercised concurrently,
<br />independently or successively in any order whatsoever. Every power or remedy hereby given to Trustor
<br />or to Lender, or to which either of them may be otherwise entitled, may be exercised from time to time
<br />and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies.
<br />If Lender holds any additional security for any obligation secured hereby, Lender may enforce the sale
<br />thereof, at Lender's option, either before, contemporaneously with, or after the sale is made hereunder,
<br />and on any default of Borrowers, Lender may, at its option, offset against any indebtedness owed
<br />hereunder to it by Borrowers the whole or any part of any indebtedness owing by it to any Borrower, and
<br />the Lender is hereby authorized and empowered at its option, without any further obligation to do, and
<br />without affecting the obligations hereof, to apply towards the payment of any indebtedness secured
<br />hereby of the Borrowers to the Lender, any and all sums of money belonging to any Borrower which the
<br />Lender may have in its possession or under its control, including, without limiting the generality of the
<br />foregoing, any unapplied Funds held by Lender. No offset by Lender hereunder shall relieve Borrower
<br />from paying installments on the obligation secured hereby as they become due.
<br />24. NOTICE. Except for any notice required under applicable law to be given in another
<br />manner, all notices and other communications required or permitted under this Instrument shall be in
<br />writing and shall be personally delivered or sent by registered or certified mail, return receipt requested,
<br />or sent by overnight courier service, and, if mailed, shall be deemed received on the earlier of the day on
<br />which such notice is actually received by the party to whom it is addressed or the third business day after
<br />deposit in the mail in the continental United States, postage prepaid, addressed to the party to receive such
<br />notice at the address set forth below, and if sent by overnight courier shall be deemed received on the day
<br />on which such notice is actually received by the party to whom it is addressed or the date delivery is
<br />refused, either as indicated in the records of such courier service. Notice of change of address shall be
<br />given by written notice in the manner set forth in this paragraph.
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