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<br />200802659
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<br />of the Secured Party, will at the Borrower's expense, cause such action, suit or proceeding to be
<br />resisted and defended by independent counsel. Any amounts payable to Secured Party under this
<br />Section which are not paid within ten days after written demand therefor shall bear interest at the
<br />Default Interest Rate from the date of such demand, and such amounts, together with such
<br />interest, shall be indebtedness secured by this Deed of Trust. The covenants, representation,
<br />warranties, and indemnities under this Section, Section 1.18 and Section 1.19 shall be deemed
<br />continuing covenants, representations, warranties and indemnities running with the land for the
<br />benefit of Secured Party and any successors and assigns of the Secured Party, including any
<br />purchaser at a mortgage foreclosure sale, any transferee of the title of the Secured Party or any
<br />subsequent purchaser at a foreclosure sale, and any subsequent owner of the Property claiming
<br />through or under the title of Secured Party and shall survive any foreclosure of this Deed of Trust
<br />or the satisfaction ofthe obligations secured hereby.
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<br />1.18 Hazar90us Substances:
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<br />(a) Other than as may be specifically disclosed in the Environmental Report
<br />referenced below, Borrower hereby represents that neither the Borrower nor any other person
<br />within Borrower's knowledge, based solely upon the Phase I Environmental Report of Terracon
<br />Consultant's, Inc., dated September 28, 2007, (i) has ever caused or permitted any Hazardous
<br />Substances (hereinafter defined) to be placed, held, located or disposed of on, under or at the
<br />Property or any part thereof; and (ii) neither the Property nor any part thereof has ever been used
<br />(whether by the Borrower or by any other person) as a dump site or storage site (whether
<br />permanent or temporary) for any Hazardous Substances.
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<br />(b) Borrower warrants and represents that (i) Borrower will not violate, in
<br />connection with the use, ownership, maintenance or operation of the Property and the conduct of
<br />the business related thereto, any applicable federal, state, county or local statutes, laws,
<br />regulations, rules, ordinances, codes, standards, orders, licenses and permits relating to
<br />Hazardous Substances; (ii) Borrower, its agents, employees, independent contractors and tenants
<br />will operate the Property and will receive, handle, use, store, treat, transport and dispose of all
<br />Hazardous Substances in strict compliance with all applicable environmental, health or safety
<br />statutes, ordinances, rules, standards, regulations or requirements.
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<br />(c) Borrower agrees and does hereby indemnify the Secured Party and hold
<br />the Secured Party harmless from and against any and all losses, liabilities, including strict
<br />liability, damages, injuries, expenses, including reasonable attorneys' fees, claims for damage to
<br />the environment, claims for owed penalties, costs of any settlement or judgment and claims of
<br />any and every kind whatsoever paid incurred or suffered by, or asserted against, the Secured
<br />Party by any person or entity or governmental agency for, with respect to, or as a direct or
<br />indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge,
<br />emission, discharging or release from, the Property of any Hazardous Substance (including,
<br />without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses,
<br />including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or
<br />arising under the Comprehensive Environmental Response, Compensation and Liability Act, any
<br />so called federal, state or local "Superfund" or "Superlien" law, statute, law, ordinance, code,
<br />rule, regulation, order or decree regulating, relating to or imposing liability, including strict
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<br />AM 157:0AM57:667038: S:LOUISVILLE
<br />3/20/08
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