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200507874
<br />release or relieve Borrower or any other Cross - collateralized Borrower from the obligation to pay the
<br />regularly scheduled installments of principal becoming due under the Note.
<br />Section 15.02. Release of Property. If Loss Proceeds from the Property are applied towards the repayment
<br />of the Debt, Lender shall, promptly, upon satisfaction of all the following terms and conditions, execute,
<br />acknowledge and deliver to Borrower a release of this Security Instrument (a "Release ") in recordable form with
<br />respect to the Property:
<br />(a) In the event of a prepayment of the Loan in part, but not in whole, Lender shall have received the
<br />Release Price.
<br />(b) Borrower shall, at its sole cost and expense, prepare any and all documents and instruments
<br />necessary to effect the Release, all of which shall be subject to the reasonable approval of Lender, and Borrower
<br />shall pay all costs reasonably incurred by Lender (including, but not limited to, reasonable attorneys' fees and
<br />disbursements, title search costs and endorsement premiums) in connection with the review, execution and delivery
<br />of the Release.
<br />(c) No Event of Default has occurred and is continuing.
<br />(d) Subsequent to the Release, Borrower shall continue to be in compliance with all of the terms of
<br />the Loan Documents, including without limitation, Section 2.02(g) hereof.
<br />(e) The Rating Agencies shall have confirmed in writing that any rating issued by the Rating
<br />Agencies in connection with a Securitization will not, as a result of the proposed Release, be downgraded from their
<br />current ratings thereof, qualified or withdrawn.
<br />ARTICLE XVI: ENVIRONMENTAL COMPLIANCE
<br />Section 16.01. Covenants, Representations and Warranties. (a) Borrower has not, at any time, and, to
<br />Borrower's best knowledge after due inquiry and investigation, except as set forth in the Environmental Report, no
<br />other Person has at any time, handled, buried, stored, retained, refined, transported, processed, manufactured,
<br />generated, produced, spilled, allowed to seep, leak, escape or leach, or pumped, poured, emitted, emptied,
<br />discharged, injected, dumped, transferred or otherwise disposed of or dealt with Hazardous Materials on, to or from
<br />the Premises or any other real property owned and/or occupied by Borrower, and Borrower does not intend to and
<br />shall not use the Property or any part thereof or any such other real property for the purpose of handling, burying,
<br />storing, retaining, refining, transporting, processing, manufacturing, generating, producing, spilling, seeping,
<br />leaking, escaping, leaching, pumping, pouring, emitting, emptying, discharging, injecting, dumping, transferring or
<br />otherwise disposing of or dealing with Hazardous Materials, except for use and storage for use of heating oil,
<br />cleaning fluids, pesticides and other substances customarily used in the operation of properties that are being used
<br />for the same purposes as the Property is presently being used, provided such use and/or storage for use is in
<br />compliance with the requirements hereof and the other Loan Documents and does not give rise to liability under
<br />applicable Legal Requirements or Environmental Statutes or be the basis for a lien against the Property or any part
<br />thereof. In addition, without limitation to the foregoing provisions, Borrower represents and warrants that, to the
<br />best of its knowledge, after due inquiry and investigation, except as previously disclosed in writing to Lender, there
<br />is no asbestos in, on, over, or under all or any portion of the fire - proofing or any other portion of the Property.
<br />(b) Borrower, after due inquiry and investigation, knows of no seepage, leak, escape, leach, discharge,
<br />injection, release, emission, spill, pumping, pouring, emptying or dumping of Hazardous Materials into waters on,
<br />under or adjacent to the Property or any part thereof or any other real property owned and/or occupied by Borrower,
<br />or onto lands from which such Hazardous Materials might seep, flow or drain into such waters, except as disclosed
<br />in the Environmental Report.
<br />(c) Borrower shall not permit any Hazardous Materials to be handled, buried, stored, retained, refined,
<br />transported, processed, manufactured, generated, produced, spilled, allowed to seep, leak, escape or leach, or to be
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