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88- 104341 all property mentioned in any financing statement or fixture financing statement, subject to no liens, charges, security interest and encumbrances other than the lien hereof; (b) such property is to be used by Mortgagor solely for business purposes being installed upon the Mortgaged property for Mortgagor's own use or as the equipment and furnishings leased or furnished by Mortgagor, as landlord, to tenants of the Mortgaged Property; (c) such property will be kept at the building on the Mortg~ged Property and will not be removed therefrom without the consent of Mortgagee unless replaced by property of like kind and of equal or better quality and may be affixed to such building; (d) unless stated otherwise in this Mortgage the only persons having any interest in the property are Mortgagor, its tenants under leases or other agreements for such occupancy approved by the Mortgagee in writing, Mortgagee, its successors and assigns, and the holders of Permitted Encumbrances listed on Exhibit "A" hereof, and no tenancies however occurring shall be Permitted Encumbrances or superior to the lien of this Mortgage without the specific written subordination agreement of Mortgagee which subordination agreement shall contain appropriate nondisturbance and attornment language; (e) the remedies of Mortgagee hereunder are cumulative and separate, and the exercise of anY.one or more of the remedies provided for herein or under the Uniform Commercial Code shall not be construed as a waiver of any of the other rights of Mortgagee including having such property deemed part of the realty upon any foreclosure thereof; (f) if notice to any party of the intended disposition of the property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to such intended disposition and may be given by advertisement in a newspaper accepted for legal publications either separately or as part of a notice given to foreclosure the real property or may be given by private notice if such parties are known to Mortgagee; and (g) Mortgagor will from time to time provide Mortgagee on request with itemizations of all such property on the Mortgaged Property. 1.16 Hazardous Waste. Mortgagor represents and warrants that Mortgagor has not engaged in the business of generating, transporting, storing, treating or disposing of hazardous substances or hazardous waste (as those terms are defined in The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.) on the Land or adjoining land; neither the Land, nor to the best of Mortgagor's knowledge the land adjoining the Land, have been used for the storing or disposal of waste or for storing or disposal of hazardous substances prior to or during the period that Mortgagor has been an owner of the Premises; neither the Land nor any of its various components, nor to the best of Mortgagor's knowledge the land adjoining the Land contains, is composed of, or emits any hazardous, toxic, or contaminated chemicals, substances, materials or pollutants. -11- J