|
<br />88-100020
<br />
<br />r
<br />
<br />favor of any party other than Mortgagor (collectively, "Liens";
<br />each, a "Lien"), except for Permitted Liens listed on Exhibit B
<br />hereof; (ii) it will keep in effect all rights of way and appurte-
<br />nant easements to or that constitute a part of the Premises; and
<br />(iii) this Deed of Trust creates and constitutes a valid and
<br />enforceable lien first in priority on and first security interest
<br />in the Mortgaged Property, subject only to the Permitted Liens
<br />(but not to extensions, amendments, supplements or replacements of
<br />the Permitted Liens unless consented to by Beneficiary), and
<br />Mortgagor does now and will forever warrant and defend to Benefi-
<br />ciary and the respective successors and assigns of Beneficiary
<br />such title and the validity and priori ty of the lien hereby
<br />created and evidenced against the claims of all persons and
<br />parties whomsoever.
<br />
<br />r.
<br />,
<br />t.
<br />
<br />1.2.2 Mortgagor represents, warrants and cove-
<br />nants that neither the Mortgagor nor, to the best knowledge of the
<br />Mortgagor, any other person has ever caused or permitted any
<br />Hazardous Material to be placed, held, located or disposed of on,
<br />under or at the Premises or any part thereof or into the atmo-
<br />sphere or any watercourse, body of water or wetlands, or any other
<br />real property legally or beneficially owned (or any interest or
<br />estate in which it owned) by the Mortgagor, and neither the
<br />Premises or any part of it, nor any other real property legally or
<br />beneficially owned (or any interest or estate in which it owned)
<br />by the Mortgagor has ever been used (whether by the Mortgagor or,
<br />to the best knowledge of the Mortgagor, by any other person) as a
<br />treatment, storage or disposal (whether permanent or temporary)
<br />site for any Hazardous Material. Mortgagor hereby indemnifies the
<br />Beneficiary and agrees to hold the Beneficiary harmless from and
<br />against any and all losses, liabilities, damages, injuries, costs,
<br />expenses and claims of any and every kind whatsoever (including,
<br />without limitation, court costs and attorneys' fees) which at any
<br />time or from time to time may be paid, incurred or suffered by, or
<br />asserted against, the Beneficiary for, with respect to, or as a
<br />di rect or indi rect result of, the presence on or under, or the
<br />escape, seepage, leakage, spillage, discharge, emission or release
<br />from the Premises or into or upon any land, the atmosphere, or any
<br />watercourse, body of water or wetland, of any Hazardous Material
<br />(including, without limitation, any losses, liabilities, damages,
<br />injuries, costs, expenses or claims asserted or arising under the
<br />Comprehensive Environmental Response, Compensation and Liability
<br />Act, any so-called "Superfund" or "Superlien" law, or any other
<br />Federal, state, local or other statute, law, ordinance, code,
<br />rule, regulation, order or decree regulating, relating to or
<br />imposing liability or standards of conduct concerning any Hazard-
<br />ous Material); and the provisions of and undertakings and indemni-
<br />fication set out in this sentence shall survive the reconveyance
<br />of the Premises pursuant to this Deed of Trust and the payment and
<br />satisfaction of the Indebtedness, and shall continue to be the
<br />personal liability, obligation and indemnification of the Mortga-
<br />gor, binding upon the Mortgagor, forever. The provisions of the
<br />preceding sentence shall govern and control over any inconsistent
<br />provision of this Deed of Trust or any other provision of the Loan
<br />
<br />r:
<br />
<br />i"
<br />
<br />I
<br />~,
<br />f:
<br />;i
<br />
<br />-5-
<br />
<br />L
<br />
<br />L
<br />
<br />L
<br />
<br />~ .~.
<br />
<br />r---
<br />
<br />~
<br />
<br />(
<br />
|