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<br />obtained or obtainable) or which may be affected by any taking by any public or quasi - public
<br />authority through eminent domain or otherwise, and shall complete and pay for, within a
<br />reasonable time, any structure at any time in the process of construction or repair on the
<br />Premises; provided neither Trustee nor Beneficiary claim any interest in any award payable on
<br />account of such taking. if such fire or other property hazard or casualty shall be covered by the
<br />Policies, Grantor's obligation to repair, replace or rebuild such portion of the Trust Property shall
<br />be contingent upon Beneficiary paying Grantor the proceeds of the Policies, or such portion
<br />thereof as shall be sufficient to complete such repair, replacement or rebuilding, whichever is
<br />less. Grantor will not, without obtaining the prior consent of Beneficiary, initiate, join in or
<br />consent to any private restrictive covenant, zoning ordinance, or other public or private
<br />restrictions, limiting or affecting the uses which may be made of the Trust Property or any part
<br />thereof.
<br />8. Environmental Provisions. For the purposes of this paragraph the following terms
<br />shall have the following meanings: (i) the term "Hazardous Material" shall mean any material or
<br />substance that, whether by its nature or use, is now or hereafter defined as a hazardous waste,
<br />hazardous substance, pollutant or contaminant under any Environmental Requirement, or which
<br />is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or
<br />otherwise hazardous and which is now or hereafter regulated under any Environmental
<br />Requirement, or which is or contains petroleum, gasoline, diesel fuel or another petroleum
<br />hydrocarbon product, (ii) the term "Environmental Requirements" shall collectively mean all
<br />present and future laws, statutes, ordinances, rules, regulations, orders, codes, licenses, permits,
<br />decrees, judgments, directives or the equivalent of or by any Governmental Authority and
<br />relating to or addressing the protection of the environment or human health, and (iii) the term
<br />"Governmental Authority" shall mean the Federal government, or any state or other political
<br />subdivision thereof, or any agency, court or body of the Federal government, any state or other
<br />political subdivision thereof, exercising executive, legislative, judicial, regulatory or
<br />administrative functions. Grantor hereby represents and warrants to Beneficiary that to the best
<br />of Grantor's knowledge after diligent inquiry (i) no Hazardous Material is currently located at,
<br />on, in, under or about the Trust Property, (ii) no Hazardous Material is currently located at, in,
<br />on, under or about the Trust Property in a manner which violates any Environmental
<br />Requirement, or which requires cleanup or corrective action of any kind under any
<br />Environmental Requirement, (iii) no releasing, emitting, discharging, leaching, dumping or
<br />disposing of any Hazardous Material from the Trust Property onto or into any other property or
<br />from any other property onto or into the Trust Property has occurred or is occurring in violation
<br />of any Environmental Requirement, (iv) no notice of violation, lien, complaint, suit, order or
<br />other notice with respect to the Trust Property is presently outstanding under any Environmental
<br />Requirement, and (v) the Trust Property and the operation thereof are in full compliance with all
<br />Environmental Requirements. Grantor shall comply, and shall cause all tenants or other
<br />occupants of the Trust Property to comply, in all respects with all Environmental Requirements,
<br />and will not generate, store, handle, process, dispose of or otherwise use, and will not permit any
<br />tenant or other occupant of the Trust Property to generate, store, handle, process, dispose of or
<br />otherwise use, Hazardous Materials at, in, on, under or about the Trust Property in a manner that
<br />could lead or potentially lead to the imposition on Grantor, Beneficiary or the Trust Property of
<br />any liability or lien of any nature whatsoever under any Environmental Requirement. Grantor
<br />CLT 8373490
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