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<br />200600862 <br /> <br />environmental consultants, laboratories and other professionals in connection therewith. <br /> <br />Section 13.4. ENVIRONMENTAL IN.DEMNITY. As between Borrower and Lender and Borrower and <br />Trustee, all risk of loss associated with non-compliance with Environmental Laws, or with the presence of any Hazardous <br />Material at, upon, within, contiguous to or otherwise affecting the Property, shall lie solely with Borrower. Accordingly, <br />Borrower shall bear all risks and costs associated with any loss (including any loss in value attributable to Hazardous <br />Materials), damage or liability therefrom, including all costs of removal of Hazardous Materials or other remediation <br />required by Lender or by law. Borrower shall indemnify, defend and hold Lender and Trustee harmless from and against <br />all loss, liabilities, damages, claims, costs and expenses (including reasonable costs of defense) arising out of or <br />associated, in any way, with the non-compliance with Environmental Laws, or the existence of Hazardous Materials in, <br />on, or about the Property, or a breach of any representation, warranty or covenant contained in Article 12 hereof, whether <br />based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law, INCLUDING <br />THOSE ARISING FROM THE JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OF LENDER OR <br />TRUSTEE; however, Borrower shall not be liable under such indemnification to the extent such loss, liability, damage, <br />claim, cost or expense results solely from Lender's or Trustee's gross negligence or willful misconduct. Borrower's <br />obligations under this Section 13.4 shall arise upon the discovery of the presence of any Hazardous Material, whether or <br />not any governmental authority has taken or threatened any action in connection with the presence of any Hazardous <br />Material, and whether or not the existence of any such Hazardous Material or potential liability on account thereof is <br />disclosed in any site assessment and shall continue notwithstanding the repayment of the Note or any transfer or sale of <br />any right, title and interest in the Property (by foreclosure, deed in lieu of foreclosure or otherwise). <br /> <br />ARTICLE 14. - WAIVERS <br /> <br />Section 14.1. WAIVER OF !;OUNTERCLAIM. Borrower hereby waives the right to assert a counterclaim, <br />other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out <br />of or in any way connected with this Security Instrument, the Note, any of the Other Security Documents, or the <br />Obligations. <br /> <br />Section 14.2. MARSHALLING AND 01.:.IlER MATTERS. Borrower hereby waives, to the extent permitted by <br />law, the benefit of all appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in <br />force and all rights of marshalling in the event of any sale hereunder of the Property or any part thereof or any interest <br />therein. Further, Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree <br />of foreclosure of this Security Instrument on behalf of Borrower, and on behalf of each and every person acquiring any <br />interest in Of title to the Property subsequent to the date of this Security Instrument and on behalf of all persons to the <br />extent permitted by applicable state or federal law. <br /> <br />Section 14.3. WAIVER OF NOTICE. Borrower shall not be entitled to any notices of any nature whatsoever <br />from Lender except (a) with respect to matters for which this Security Instrument specifically and expressly provides for <br />the giving of notice by Lender to Borrower and (b) with respect to matters for which Lender is required by applicable <br />state or federal law to give notice, and Borrower hereby expressly waives the right to receive any notice from Lender with <br />respect to any matter for which this Security Instrument does not specifically and expressly provide for the giving of <br />notice by Lender to Borrower. <br /> <br />Section ]4.4. WAIVER OF STATUTE OF LIMITATIONS. Borrower hereby expressly waives and releases to <br />the fullest extent permitted by law, the pleading of any statute of limitations as a defense to payment of the Debt or <br />performance of its Other Obligations. <br /> <br />Section 14.5. SOL.E_DISCRETION OF L.ENDER. Wherever pursuant to this Security Instrument (a) Lender <br />exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) <br />any other decision or determination is to be made by Lender, the decision to approve or disapprove all decisions that <br />arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, <br />shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein. <br /> <br />ARTICLE 15. - NOTICES <br /> <br />Section 15.1. NOTICES. All notices or other written communications hereunder shall be deemed to have been <br />properly given (a) upon delivery, if delivered in person with receipt acknowledged by the recipient thereof, (b) one (1) <br />