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99 �07758
<br /> would materially inhibit or impair Borrower's ability to perform hereunder or
<br /> reduce or restrict Borrower's interest in the Property or the Collateral, and
<br /> Borrower knows of no basis for any such litigation.
<br /> (g) Loan Documents: All representations and warranties of Borrower
<br /> contained in the Note, Assignment of Leases and Rents and the Hazardous
<br /> Substances Certificate and Indemnity Agreement entered into by Borrower are
<br /> true and accurate in all material respects to the extent not inconsistent with the
<br /> representations and warranties of Borrower contained herein.
<br /> (h) Pro e : Neither the whole nor any portion of the Property is subject
<br /> to any pending condemnation, taking, or other similar proceeding by any public or
<br /> private authority, and, to the best of Borrower's knowledge, no such condemnation
<br /> or taking is threatened or contemplated with respect to the Property. Borrower is
<br /> unawaze of and has not been notified of any plan, study, or effort by any
<br /> governmental authority or agency which in any way affects or would affect the
<br /> present use or zoning of the Property nor any existing, proposed, or contemplated
<br /> plan to widen, modify, or realign any street or highway adjoining the Property.
<br /> The Property and the occupancy by or operation of the Borrower's business at the
<br /> Property is not in violation of any law or any building, zoning, fire, health, or
<br /> other ordinance, code, or regulation, and neither Borrower nor any tenant has
<br /> received any notice or request from any governmental authority, insurance
<br /> company or board of fire underwriters alleging any such violation or requiring or
<br /> calling attention to the need for any work, repairs, construction, alterations or
<br /> installation on or in connection with the Property which has not been heretofore
<br /> complied with. There exist adequate rights of egress from and ingress to the
<br /> Property, and there is currently adequate access to all water, sewer, gas, electric,
<br /> telephone, drainage, and other utility equipment and services required by law or
<br /> necessary for the operation of the business currently operated on the Properiy, and,
<br /> to the best of Borrower's knowledge, no fact, condition, or threatened or proposed
<br /> action exists which would or could have the effect of diminishing such rights.
<br /> (i) Environmental Matters: For purposes of this Deed of Trust,
<br /> "Hazardous Substances" shall mean asbestos in a friable state or condition, non-
<br /> contained polychlorinated biphenyls ("PCBS"), petroleum or petroleum products,
<br /> and any hazardous or toxic waste or substance or related material defined or
<br /> treated as a "hazardous substance" or "toxic substance" or "hazardous waste" or
<br /> "toxic waste" (or comparable term) in the Comprehensive Environmental
<br /> Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.)
<br /> ("CERCLA"), the Hazardous Materials Transportation Act (49 U.S.C. 1801, et
<br /> seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901, et. seq.)
<br /> ("RCRA"), or any other applicable federal, state or local statute, law or ordinance,
<br /> and any rules and regulations promulgated thereunder (jointly, the "Applicable
<br /> Environmental Law"). No Hazardous Substances have been generated, used,
<br /> discharged, dispersed, released, disposed of, or allowed to escape on or under the
<br /> Property in violation of Applicable Environment Law. No asbestos or asbestos- II
<br /> containing substance presently in a condition or in a sufficient quantity as to
<br /> violate Applicable Environmental Law has been installed, used, incorporated into
<br /> or disposed of on the Property. No underground liquid storage tanks are located
<br /> on the Property. No notice has been received by Borrower or any tenant with
<br /> respect to, nor is Borrower aware of any basis for, any federal, state or local
<br /> agency investigation, administrative order, consent order or decree, litigation, or
<br /> settlement regarding the existence of Hazardous Substances on or under the
<br /> Properiy or the use, generation, or disposal thereof by Borrower or any tenant or
<br /> previous owner or tenant. The Property is and at all times has beer� in compliance
<br /> with Applicable Environmental Laws. No notice, demand, claim, or other
<br /> communication has been received by Borrower or any tenant from any
<br /> governmental or other entity or individual claiming any violation of or demanding
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