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<br />200902250
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<br />Section 3.13. Environmental Representations, Warranties and Covenants. The
<br />Grantor makes the following representations, warranties and covenants, all of which are subject
<br />to any exceptions that the Grantor may have previously disclosed in writing to the Beneficiary,
<br />and which, to the extent that they deal with representations of fact, are based on the Grantor's
<br />present knowledge, arrived at after reasonable inquiry.
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<br />(A) Use of the Trust Estate.
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<br />(1) The Grantor shall: (a) use, handle, transport or store Hazardous
<br />Materials as defined under any Environmental Law (both as hereinafter defined); and (b) store or
<br />treat non-hazardous wastes: (i) in a good and prudent manner in the ordinary course of business;
<br />and (ii) in compliance with all applicable Environmental laws.
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<br />(2) The Grantor shall not conduct or allow to be conducted, in
<br />violation of any Environmental Law, any business, operations or activity on the Trust Estate, or,
<br />except in strict compliance with applicable law, employ or use the Trust Estate to generate, use,
<br />handle, manufacture, treat, store, process, transport or dispose of any Hazardous Materials, or any
<br />other substance which is prohibited, controlled or regulated under applicable law. The Grantor
<br />shall not use the Trust Estate in a way that poses a threat or nuisance to public safety, health or
<br />the environment, or cause or allow to be caused a known or suspected release of Hazardous
<br />Materials, on, under, or from the Trust Estate.
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<br />(3) The Grantor shall not do or permit any act or thing, business or
<br />operation that poses an unreasonable risk of harm, or impairs or may impair the value of the
<br />Trust Estate or any part thereof.
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<br />(B) Condition of the Trust Estate.
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<br />(1) The Grantor shall take all appropriate response actions, including
<br />any removal and remedial actions, in the event of a release, emission, discharge or disposal of
<br />Hazardous Materials in, on, under, or about the Trust Estate, so as to remain in compliance with
<br />all Environmental Laws.
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<br />(2) All underground tanks, wells, septic tanks, ponds, pits, or any other
<br />storage tanks (whether currently in use or abandoned) on the Trust Estate, if any, are, as of the
<br />date hereof, maintained in compliance with all applicable Enviromnentallaws.
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<br />(C) Notice of Environmental Problems or Litigation. Neither the Grantor
<br />nor any of its tenants have given, nor were they required to give, nor have they received, any
<br />notice, letter; citation, order, warning, complaint, inquiry, claim or demand that: (1) the Grantor
<br />and/or any tenants have violated, or are about to violate, any Environmental Law, judgment or
<br />order; (2) there has been a release, or there is a threat of release, of Hazardous Materials from the
<br />Trust Estate; (3) the Grantor and/or its tenants may be or are liable. in whole or in Part. for the
<br />costs of cleaning up, remediating, removing or responding to a release or a threatened release of
<br />Hazardous Materials; or (4) the Trust Estate is subject to a Lien in favor of any govermnental
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