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<br />200802659
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<br />liability, substances or standards of conduct concerning any Hazardous Substance), regardless of
<br />whether or not caused by, or within the control of Borrower. This indemnity shall survive the
<br />payment in full of the Note, with respect to the presence of any "Hazardous Substances" (defined
<br />below) on or emanating from the Property and any violation of laws related thereto, in existence
<br />on the date of closing or occurring subsequent thereto during the period of Borrower's direct or
<br />indirect ownership, occupation, use or possession of the Property, or directly or indirectly caused
<br />by or at the direction of the Borrower.
<br />
<br />(d) For purposes of this Deed of Trust, "Hazardous Substances" shall have
<br />the meaning ascribed in and shall include those substances listed pursuant to the Comprehensive
<br />Environmental Response, Compensation and Liability Act, 42 V.S.C. 9601 et s~ and the
<br />regulations promulgated thereunder (as amended from time to time) and includes oil, waste oil,
<br />or used oil as those terms are defined in the Clean Water Act, 33 U.S.C. 1251 et seq. and
<br />regulations promulgated thereunder (as amended from time to time) and the Resource,
<br />Conservation and Recovery Act, 42 U.S.c. 6901 et seq. and regulations promulgated thereunder
<br />(as amended from time to time) and shall include any other pollutant or contaminant designated
<br />as such by Congress or the United States Environmental Protection Agency (EPA) or defined by
<br />any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree
<br />regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous,
<br />toxicor dangerous waste, substance or material, as now or at any time hereafter in effect.
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<br />(e) If Borrower receives any notice of (i) the happening of any event
<br />involving the use, spill, release, leak, seepage, discharge or cleanup of any Hazardous Substance
<br />or (ii) any complaint, inspection by any governmental agency which lists any noncompliance,
<br />order, citation or notice with regard to air emissions, water discharges, or any other
<br />environmental, health or safety matter affecting Borrower (an "Environmental Complaint")
<br />from any person or entity (including without limitation the EPA) then Borrower shall
<br />immediately notify Secured Party orally and in writing of said notice.
<br />
<br />(f) Secured Party shall have the right but not the obligation and without
<br />limitation of Secured Party's rights under this Deed of Trust, to enter onto the Property following
<br />prior written notice to BOITower or to take such other actions as it deems necessary or advisable
<br />to cleanup, remove, resolve, or minimize the impact of, or otherwise deal with, any such
<br />Hazardous Substance or Environmental Complaint following receipt of any notice from any
<br />person or entity (including without limitation the EPA) asserting the existence of any Hazardous
<br />Substance or an Environmental Complaint pertaining to the Property or any part thereof which, jf
<br />true, could result in an order, suit or other action against Borrower and/or Secured Party which,
<br />in the sole opinion of Secured Party, could jeopardize its security under this Deed of Trust. All
<br />reasonable costs and expenses incurred by Secured Party in the exercise of any such rights shall
<br />be secured by this Deed of Trust and shall be payable by Borrower upon demand.
<br />
<br />(g) Secured Party, its agents and independent contractors, shall have the right
<br />but not the obligation and without limitation of Secured Party's rights under this Deed of Trust,
<br />to enter onto the Property following prior written notice to Secured Party, at the sole expense of
<br />the Secured Party, to perform any of the following: (i) an environmental audit and/or an
<br />environmental risk assessment of the Property, Borrower's hazardous waste management
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<br />AM 157:0AM57:667038:5:LOUISVILLE
<br />3/20/08
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