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200603080
<br />environmental ccrosultani>,. laboratories and other professionals in connection therewith.
<br />Section 13.4. ENVIRONMENTAL INDEMNITY. As between Borrower and Lender and Borrower and
<br />Trustee, all risk of lose associated with non - compliance with Environmental Laws, or with the presence of any Hazardous
<br />Material at, upon, within. Conti+ (Yuous 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), darrtaye ni li;ihility therefrom, including all costs of removal of Hazardous Materials or other renediation
<br />required by Lender of h\ I;iw. Borrower shall indemnify, defend and hold Lender and Trustee harmless from and against
<br />all loss, liabilities, claims, costs and expenses (including reasonable costs of defense) arising out of or
<br />associated, in any wad. with the non - compliance with Environmental Laws, or the existence of Hazardous Materials in,
<br />on, or about the Propcm . 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 I m %l THE JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OF LENDER OR
<br />TRUSTEE; however. 1;tnrowcr shall not be liable under such indemnification to the extent such loss, liability, damage,
<br />claim, cost or expense rc;srtlts 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 a lliority 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 tssesstnettt and shall continue notwithstanding the repayment of the Note or any transfer or sale of
<br />any right, title and intcre•:i iii the Property (by foreclosure, deed in lieu of foreclosure or otherwise).
<br />ARTICLE 14. - WAIVERS
<br />Section 14.1. `111 \IVER..OF COUNTERCLAIM. Borrower hereby waives the right to assert a counterclaim,
<br />other than a mandatory c,r compulsory counterclaim, in any action or proceeding brought against it by Lender arising out
<br />of or in any w.iy ce,mw icd with this Security hrstrurnent, the Note, any of the Other Security Documents, or the
<br />Obligations.
<br />Section 1.4.2. M.,\1:51 I_ALLING AND OT—I-1ER 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 60 its of n,;, shalling in the event of any sale hereunder of the Property or any part thereof or any interest
<br />therein. Further. BorrO�%,. , hereby expressly waives .niy and all rights of redemption from sale under any order or decree
<br />of foreclosure of this 5e,:urity Instrument on behalf of Borrower, and on behalf of each and every person acquiring any
<br />interest in or title to the Property subsequent to the date of this Security Instrument and on behalf of all persons to the
<br />extent permitted by al)pl;c:ible state or federal law.
<br />Section 14.3. \VAIVFR OF NOTICE. Borrower shall not be entitled to any notices of any nature whatsoever
<br />from Lender except ktl \\ iill respect to matters for which this Security Instrument specifically and expressly provides for
<br />the giving of notice h,, i.cndcr to Borrower and (b) with respect to matters for which Lender is required by applicable
<br />state or federal law to ' L, notice, and Borrower herchy expressly waives the right to receive any notice from Lender with
<br />respect to any tuattcr to; ,\ hich this Security Instrument does not specifically and expressly provide for the giving of
<br />notice by Lencler to Borrower.
<br />Section 14.4. \� A1VER OF STATUTE OF LIMITATIONS.. Borrower hereby expressly waives and releases to
<br />the fullest extent permw .l by law, the pleading of any statute of limitations as a defense to payment of the Debt or
<br />performance of its Other ( ihliL.aions.
<br />Section 14.5. Ll DISCRETION OF LI-;NDER. Wherever pursuant to this Security Instrument (a) Lender
<br />exercises any ri�l.ht: giv(,r it) it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c)
<br />any other decision of ,i. !cniihiation is to be made by Lender, the decision to approve or disapprove all decisions that
<br />arrangements or tern:, :u satisfactory or not satisfactory, and all other decisions and determinations made by Lender,
<br />shall be in the sole disciciion ol'Lender, except as may be otherwise expressly and specifically provided herein.
<br />ARTICLE 15. - NOTICES
<br />Section 15.1. ,:O I'IC I-S. All notices or otltrr written communications hereunder shall be deemed to have been
<br />properly given (a) upo:i :i�:llvcry, if delivered in person wit ipt acknowl ged by the recipient thereof, (b) one (1)
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