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<br />(d) Waivers. Except as may be prohibited by applicable law, Borrower hereby expressly
<br />waives and releases any and all rights or redemption or periods of redemption in the event of foreclosure of
<br />this Instrument. Borrower further expressly waives and releases all rights of exemption of some of the
<br />Property or proceeds thereof from attachment, levy or sale on execution, all rights or appraisement or
<br />valuation, and all benefits of any homestead exemption.
<br />21. ENVIRONMENTAL MATTERS.
<br />a. Defined Terms. As used in this paragraph, the following terms shall have the following
<br />meanings:
<br />(1) "Contaminant" means any pollutants, hazardous or toxic substances or wastes or
<br />contaminated materials including but not limited to oil and oil products, asbestos, asbestos
<br />containing materials, urea formaldehyde foam insulation, transformers or other equipment which
<br />contain dielectric fluid containing levels of polychlorinated biphenyls, flammables, explosives,
<br />radioactive materials, laboratory wastes, chemicals, elements, compounds or any other materials
<br />and substances (including materials, substances or things which are composed of or which have as
<br />constituents any of the foregoing substances), which are or may be subject to regulation under, or
<br />the Release of which or exposure to which is prohibited, limited or regulated under any
<br />Environmental Law.
<br />(2) 'Enforcement Action" means any action, proceeding or investigation
<br />(administrative or judicial, civil or criminal) instituted or threatened by U.S. Environmental
<br />Protection Agency, or any other federal, state or local governmental agency (collectively
<br />"Governmental Authority") related to any alleged or actual violation of any Environmental Law
<br />with respect to the Property and/or any business conducted thereon, and/or the Borrower,
<br />including, but not limited to, actions seeking Remediation, the imposition or enforcement of
<br />liability pursuant to any Environmental Law and compliance with any Environmental Law.
<br />Enforcement Action shall also include any similar actual or threatened action by any private party
<br />pursuant to any Environmental Law.
<br />(3) 'Environmental Laws" means any and all present and future federal, state, and
<br />local laws, statutes, ordinances, rules, and regulations, relating to protection of human health and
<br />the environment from Contaminants including but not limited to the Comprehensive
<br />Environmental Response, Compensation and Liability Act, as amended, (CERCLA), 42 USC §
<br />9601 et seq.; the Resource Conservation and Recovery Act, as amended, (RCRA), 42 USC § 6901
<br />et seq. the Clean Air Act, as amended, 42 USC § 7401 et seq.; the Federal Water Pollution Control
<br />Act, as amended (including but not limited to as amended by the Clean Water Act), 33 USC §
<br />1251 et seq.; the Toxic Substances Control Act, as amended (TSCA), 15 USC § 2601 et seq.; the
<br />Emergency Planning and Community Right -to -Know Act (also known as SARA Title I11), as
<br />amended, (EPCRA), 42 USC § 11001 et seq.; the Safe Drinking Water Act, as amended, 42 USC
<br />§ 300(f) et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, as amended (FIFRA), 7
<br />USC § 136 et seq.; the Occupational Safety and Health Act, as amended, (OSHA), 29 USC § 651
<br />et seq.; the Endangered Species Act, as amended, 16 USC § 1531 et seq.; the National
<br />Environmental Policy Act, as amended, (NEPA), 42 USC § 4321 et seq.; the Rivers and Harbors
<br />Act of 1899, 33 USC § 401 et seq.; state and local laws, rules and regulations similar to or
<br />addressing similar matters as the foregoing federal laws; laws, rules and regulations governing
<br />underground or above - ground storage tanks; laws, rules and regulations imposing liens for
<br />response costs or costs of other Remediation, whether or not those liens have a higher priority than
<br />existing liens; laws, rules and regulations conditioning transfer of property upon a form of
<br />negative declaration or other approval of a Governmental Authority of the environmental
<br />condition of a property; laws, rules and regulations requiring the disclosure of conditions relating
<br />to Contaminants in connection with transfer of title to or interest in property law; laws, rules and
<br />regulations requiring notifying of any governmental entity with regard to a Release of any
<br />Contaminant; conditions or requirements imposed in connection with any permits; government
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