|
<br />200802659
<br />
<br />practices and/or hazardous waste disposal sites used by the Borrower; or (ii) such tests (which
<br />may include drilling or other intrusive investigation) Secured Party deems necessary or
<br />advisable, in its reasonable business judgment.
<br />
<br />(h) Secured Party shall have the right, in its reasonable business judgment, to
<br />require Borrower to periodically perform (at the Borrower's expense) an environmental audit
<br />and, if deemed necessary by Secured Party, an environmental risk assessment, each of which
<br />must be satisfactory to Secured Party, of the Property, hazardous waste management practices
<br />and/or hazardous waste disposal sites used by Borrower. Said audit and/or risk assessment must
<br />be by an environmental consultant satisfactory to Secured Party. All costs and expenses incurred
<br />by Secured Party in the exercise of such rights shall be secured by this Deed of Trust and shall be
<br />payable by Borrower upon demand or charged to Borrower's loan balance at the discretion of
<br />Secured Party; provided, however, Borrower's obligation to pay such costs shall exist only if
<br />such costs were incurred as a result of the existence of facts known to Secured Party, constituting
<br />reasonable grounds for Secured Party to believe an unacceptable environmental risk exists on the
<br />Property.
<br />
<br />1.19 Compliance with Disability Laws.
<br />
<br />(a) Borrower warrants and represents that the Property and its use will comply
<br />fully with all applicable federal, state, county or local statutes, laws, regulations, rules,
<br />ordinances, codes, standards, guidelines, or orders, as now or at any time hereafter in effect,
<br />relating to use, enjoyment, or access to the Property by persons with a disability, or to
<br />discrimination of such persons ("Disability Laws") as such terms are defined by the Disability
<br />Laws, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.c.
<br />12101 et~.; the Fair Housing Act of 1968, 42 U .S.C. 360 I et~.
<br />
<br />(b) Borrower warrants and represents that 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 Disability Law.
<br />
<br />(c) Borrower hereby agrees to indemnify the Secured Party and hold the
<br />Secured Party harmless from and against any and all losses, liabilities, damages, injuries,
<br />expenses, including the cost of alterations to the Property, architectural, engineering, and
<br />accounting costs, reasonable attorneys' fees, claims for owed penalties, costs of any settlement
<br />or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or
<br />asserted against, the Secured Party by any person or entity or governmental agency for, with
<br />respect to, or as a direct or indirect result of violation of Disability Laws (a "Disability Laws
<br />Violation"); provided, however, such indemnity shall not apply to acts or omissions which occur
<br />subsequent to possession and contra] of the Property by the Secured Party or any other third
<br />party through the Secured Party, whether as a result of foreclosure or otherwise.
<br />
<br />(d) If Borrower receives any notice of any complaint, inspection by any
<br />governmental agency which lists any noncompliance, order, citation or notice with regard to a
<br />Disability Law Violation from any person or entity (including without limitation the United
<br />
<br />]2
<br />
<br />AM 157:0AM57:667038:S:LOUISVILLE
<br />3/20/08
<br />
|