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200313159
<br />SECTION 9.2 Representations by Trustor.
<br />Trustor hereby represents to Beneficiary that: (a) to the best of Trustor's knowledge after
<br />due inquiry, the Premises has never been used either by previous owners or occupants or by
<br />Trustor or current occupants to generate, manufacture, refine, transport, treat, store, handle or
<br />dispose of asbestos or any Hazardous Materials or Wastes and no such Hazardous Materials or
<br />Wastes exist on the Premises or in its soil or groundwater; (b) to the best of Trustor's knowledge
<br />after due inquiry, no portion of the improvements on the Premises has been constructed with
<br />asbestos, asbestos - containing materials, urea formaldehyde insulation or any other chemical or
<br />substance which has been determined to be a hazard to health and/or the environment; (c) to the
<br />best of Trustor's knowledge after due inquiry, there are no nor have there been electrical
<br />transformers or other equipment which have dielectric fluid- containing PCBs located in, on or
<br />under the Premises; (d) to the best of Trustor's knowledge after due inquiry, the Premises has
<br />never contained any underground storage tanks; and (e) Trustor has not received nor does it have
<br />any knowledge of any summons, citation, directive, letter or other communication, written or
<br />oral, from any local, state or federal governmental agency concerning (i) the existence of
<br />Hazardous Materials or Wastes on the Premises or in the immediate vicinity, or (ii) the releasing,
<br />spilling, leaking, pumping, pouring, emitting, emptying, or dumping of Hazardous Materials or
<br />Wastes onto the 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 />SECTION 9.4 Events of Default and Remedies.
<br />It shall constitute an Event of Default hereunder and Beneficiary shall be entitled to
<br />exercise all remedies available to it hereunder if: (a) any of Trustor's representations contained
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