|
200313157
<br />SECTION 9.2 Representations by Trustor.
<br />Trustor hereby represents to Beneficiary that except as set forth in the Environmental
<br />Reports delivered to Beneficiary: (a) to the best of Trustor's knowledge after due inquiry, the
<br />Premises has never been used either by previous owners or occupants or by Trustor or current
<br />occupants to generate, manufacture, refine, transport, treat, store, handle or dispose of asbestos
<br />or any Hazardous Materials or Wastes and no such Hazardous Materials or Wastes exist on the
<br />Premises or in its soil or groundwater; (b) to the best of Trustor's knowledge after due inquiry,
<br />no portion of the improvements on the Premises has been constructed with asbestos, asbestos -
<br />containing materials, urea formaldehyde insulation or any other chemical or substance which has
<br />been determined to be a hazard to health and/or the environment; (c) to the best of Trustor's
<br />knowledge after due inquiry, there are no nor have there been electrical transformers or other
<br />equipment which have dielectric fluid - containing PCBs located in, on or under the Premises;
<br />(d) to the best of Trustor's knowledge after due inquiry, the Premises has never contained any
<br />underground storage tanks; and (e) Trustor has not received nor does it have any knowledge of
<br />any summons, citation, directive, letter or other communication, written or oral, from any local,
<br />state or federal governmental agency concerning (i) the existence of Hazardous Materials or
<br />Wastes on the Premises or in the immediate vicinity, or (ii) the releasing, spilling, leaking,
<br />pumping, pouring, emitting, emptying, or dumping of Hazardous Materials or Wastes onto the
<br />Premises or into waters or other lands.
<br />SECTION 9.3 Covenants of Trustor.
<br />Trustor hereby covenants to Beneficiary that: (a) Trustor shall (i) comply and shall cause
<br />all occupants of the Premises to comply with all federal, state and local laws, rules, regulations
<br />and orders with respect to the discharge, generation, removal, transportation, storage and
<br />handling of Hazardous Materials or Wastes, (ii) remove any Hazardous Materials or Wastes not
<br />in compliance with Laws immediately upon discovery of same, in accordance with applicable
<br />laws, ordinances and orders of governmental authorities having jurisdiction thereof, (iii) pay or
<br />cause to be paid all costs associated with such removal; and (iv) indemnify Beneficiary from and
<br />against all losses, claims and costs arising out of the migration of Hazardous Materials or Wastes
<br />from or through the Premises onto or under other properties; (b) Trustor shall keep the Premises
<br />free of any lien imposed pursuant to any state or federal law, rule, regulation or order in
<br />connection with the existence of Hazardous Materials or Wastes on the Premises; (c) Trustor
<br />shall not install or permit to be installed or to exist in or on the Premises any asbestos, asbestos -
<br />containing materials, urea formaldehyde insulation or any other chemical or substance which has
<br />been determined to be a hazard to health and/or the environment except in compliance with
<br />Laws; and (d) Trustor shall not cause or permit to exist, as a result of an intentional or
<br />unintentional act or omission on the part of Trustor or any occupant of the Premises, a releasing,
<br />spilling, leaking, pumping, emitting, pouring, emptying or dumping of any Hazardous Materials
<br />or Wastes onto the Premises or into waters or other lands; and (e) Trustor shall give all
<br />notifications and prepare all reports required by Laws or any other law with respect to Hazardous
<br />Materials or Wastes existing on, released from or emitted from the Premises.
<br />15311/53;09/30/03 -25-
<br />
|