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<br /> <br />':'~"'!' <br /> <br /> <br />'93- 110869 <br /> <br />grants to Trustee and Issuer a continuing security <br />interest in and to all of Company's existing and future <br />records wi th respect to environmental matters, whether or <br />not located at the Project or elsewhere, whether or not <br />in the possession of Company or some third party <br />(including any federal, state, or local agency or <br />instrumentality) and whether or not written, phot.o- <br />graphic, or computerized, and the proceeds and products <br />thereof. Trustee and Issuer, or its designated agent, <br />may interview any or all of Company's agents and <br />employees regarding environmental matters, including any <br />consultants or e~erts retained by Company, all of whom <br />are directed to discuss environ"'l'tental issues fully and <br />openly with Trustee and Issuer or its designated agent <br />and to provide such information as may be requested by <br />Trustee and Issuer. All of the costs and expenses <br />incurred by Trustee and Issuer with n~spect to the <br />audits, tests, inspections and examinations which Trustee <br />and Issuer may conduct, including the fees of the <br />engineers, laboratories and contractors, shall be paid by <br />Company. Trustee and Issuer may, but shall not be <br />required to, advance such costs and expenses on behalf of <br />Company. All sums so advanced shall bear interest at the <br />Default Rate provided in the Note. <br /> <br />(ii) Trustee and Issuer shall have the right (but <br />not the obligation) and without limitation of Trustee's <br />and Issuer's other rights under this Mortgage, to enter <br />onto any of the Project to conduct or to take-such other <br />actions as it deEms necessary or advisable to clean ~r. <br />remediate, encapsulate, remove, resolve or minimize the <br />impact of, or otherwise deal with, any Contaminants or <br />Snforcement Actions or breaches of any Applicable <br />Environmental Law pertaining to the Project or any part <br />thereof which could result in an order, suit or other <br />action against Company or which, in the sole opinion of <br />Trustee and Issuer, could otherwise jeopardize its <br />securi ty under this MCJrtgage. All reasonable costs avd <br />expenses incurred by Trustee and Issuer in the exercise <br />of any such rights shall be secured by this Mortgage and <br />shall be payable together with interest at the Default <br />Rate provided in the Note, by Company upon demand. <br /> <br />(iii) Trustee and Issuer shall have the right (but <br />not the obligation), in its sole discretion, to require <br />Company to establish and maintain (at Company's sole <br />expense) a system for the purpose of monitoring compli- <br />ance with any and all Applicable Envi=onmental Law, and <br />to periodically (but not more frequently than annually, <br />unless an Enforcement Action is then outstanding or an <br />Event of Default under this Mortgage has occurred, in <br />which case this limitution will not apply) require the <br /> <br />36 <br />