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<br />. 2008.04918
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<br />9.2 Reoresentations bv Mortl!al!or.
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<br />Mortgagor hereby represents to Mortgagee that: (a) to the best of Mortgagor's
<br />knowledge after due inquiry, the Premises has never been used either by previous owners or
<br />occupants or by Mortgagor or current occupants to generate, manufacture, refine, transport, treat,
<br />store, handle or dispose of asbestos or any Hazardous Materials or Wastes and no such
<br />Hazardous Materials or Wastes exist on the Premises or in its soil or groundwater; (b) to the best
<br />of Mortgagor's knowledge after due inquiry, no portion of the improvements on the Premises has
<br />been constructed with asbestos, asbestos-containing materials, urea formaldehyde insulation or
<br />any other chemical or substance which has been determined to be a hazard to health and/or the
<br />environment; (c) to the best of Mortgagor's knowledge after due inquiry, there are no nor have
<br />there been electrical transformers or other equipment which have dielectric fluid-containing
<br />PCBs located in, on or under the Premises; (d) to the best of Mortgagor's knowledge after due
<br />inquiry, the Premises has never contained any underground storage tanks; and (e) Mortgagor has
<br />not received nor does it have any knowledge of any summons, citation, directive, letter or other
<br />communication, written or ora~ from any local, state or federal governmental agency concerning
<br />(i) the existence of Hazardous Materials or Wastes on the Premises or in the immediate vicinity,
<br />or (ii) the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of
<br />Hazardous Materials or Wastes onto the Premises or into waters or other lands.
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<br />9.3 Covenants of Mortgal!or.
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<br />Mortgagor hereby covenants to Mortgagee that: (a) Mortgagor shall (i) comply and shall
<br />cause all occupants of the Premises to comply with all federal, state and local laws, rules,
<br />regulations and orders with respect to the discharge, generation, removal, transportation, storage
<br />and handling of Hazardous Materials or Wastes, (ii) remove any Hazardous Materials or Wastes
<br />immediately upon discovery of same, in accordance with applicable laws, ordinances and orders
<br />of governmental authorities having jurisdiction thereof, (iii) payor cause to be paid all costs
<br />associated with such removal; and (iv) indemnify Mortgagee from and against all losses, claims
<br />and costs arising out of the migration of Hazardous Materials or Wastes from or through the
<br />Premises onto or under other properties; (b) Mortgagor shall keep the Premises free of any lien
<br />imposed pursuant to any state or federal law, rule, regulation or order in connection with the
<br />existence of Hazardous Materials or Wastes on the Premises; (c) Mortgagor shall not install or
<br />permit to be installed or to exist in or on the Premises any asbestos, asbestos-containing
<br />materials, urea formaldehyde insulation or any other chemical or substance which has been
<br />determined to be a hazard to health and/or the environment; (d) Mortgagor shall not cause or
<br />permit to exist, as a result of an intentional or unintentional act or omission on the part of
<br />Mortgagor or any occupant of the Premises, any releasing, spilling, leaking, pumping, emitting,
<br />pouring, emptying or dumping of any Hazardous Materials or Wastes onto the Premises or into
<br />waters or other lands; and (e) Mortgagor shall give all notifications and prepare all reports
<br />required by Laws or any other law with respect to Hazardous Materials or Wastes existing on,
<br />released from or emitted from the Premises.
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<br />9.4 Events of Default and Remedies.
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<br />Doc# 2675364\2
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