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<br />".. ,........' ....... .............-____~~,._.__w.".___,___.____._..._~
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<br />200902250
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<br />entity for any liability, costs or damages, under any Environmental Law arising from, or costs
<br />incurred by such governmental entity in response to, a release or a threatened release of a
<br />Hazardous Material. The Grantor further represents and warrants that no conditions currently
<br />exist or are currently reasonably foreseeable that would subject the Grantor to any such
<br />investigation, litigation, administrative enforcement or to any damages, penalties, injunctive
<br />relief, or cleanup costs under any Environmental Law. Upon receipt of any such notice, the
<br />Grantor and its tenants shall immediately provide a copy to the Beneficiary.
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<br />(D) Right of' Inspection. The Grantor hereby grants, and will cause any
<br />tenants to grant, to the Beneficiary, its agents, attorneys, employees, consultants, contractors,
<br />successors and assigns, an irrevocable license and authorization, upon reasonable notice. to enter
<br />upon and inspect the Trust Estate and facilities thereon, and perfonn such tests, including without
<br />limitation, subsurface testing, soils and groundwater testing, and other tests which may physically
<br />invade the Trust Estate, as the Beneficiary, in its sole discretion, determines are necessary to
<br />protect its security interest; provided, however, that under no circumstances shall the Beneficiary
<br />be obligated to perfonn such inspections or tests.
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<br />(E) Indemnity. The Grantor agrees to indemnify and hold the Beneficiary, its
<br />directors, employees, agents, and its successors and assigns, harmless from and against any and
<br />all claims, losses, damages. liabilities, fmes. penalties, charges, judgments, administrative orders,
<br />remedial action requirements. enforcement actions of any kind, and all costs and expenses
<br />incurred in connection therewith (including without limitation attorney's fees and expenses)
<br />arising directly or indirectly, in whole or in part, out of any failure of the Grantor to comply with
<br />the environmental representations, warranties, and covenants contained herein.
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<br />(F) Continuation of Representations, Warranties, Covenants and
<br />Indemnities. The Grantor's representations, warranties, covenants, and indemnities contained
<br />herein shall survive the occurrence of any event whatsoever, including, without limitation, the
<br />satisfaction of the Obligations secured hereby, the reconveyance or foreclosure of this Deed of
<br />Trust, the acceptance by the Beneficiary of a deed in lieu of foreclosure, or any transfer or
<br />abandonment of the Trost Estate. '
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<br />(G) Corrective Action. In the event the Grantor is in breach of any of its
<br />representations, warranties or agreements as set forth above, then, without limiting the
<br />Beneficiary's other rights hereunder. the Grantor, at its sole expense, shall take all actions
<br />required, including, without limitation, environmental cleanup of the Trust Estate, to comply
<br />with the representations, warranties, and covenants contained herein and with all applicable legal
<br />requirements and, in any event. shall take all actions deemed necessary under all applicable
<br />Environmental Laws.
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<br />(H) Hazardous Materials Defined. The tenn "Hazardous Materials" shall
<br />mean dangerous, toxic, or hazardous pollutants, contaminants, chemicals, wastes, materials or
<br />substances, as defined in or governed by the provisions of any Environmental Law.
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<br />(I) Environmental Law Dermed. The term "Environmental Law" shall
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