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200907310
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9/4/2009 4:15:47 PM
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9/4/2009 4:15:46 PM
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DEEDS
Inst Number
200907310
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2ooso73io <br />made available to Grantor for such purposes), complete repair or restoration of the Trust Estate as <br />nearly as possible to its respective size, type and character immediately prior to the Taking, <br />whether or not the condemnation awards are available or adequate to complete such repair or <br />restoration. The Grantor shall promptly reimburse the Beneficiary upon demand far all of the <br />Beneficiary's expenses (including reasonable attorney's fees) incurred in the collection of awards <br />and their disbursement in accordance with this paragraph, and all such expenses, together with <br />interest from the date of disbursement at the rate of .interest specified in Section 3.09 above <br />(unless collection of interest from the Grantor at such rate would be contrary to applicable law, in <br />which event such amounts shall bear interest at the highest rate which may be collected from the <br />Grantor under applicable law), shall be additional amounts secured by this Deed of Trust. Tn <br />addition to any other conditions imposed by Beneficiary related to the repair or restoration of the <br />Trust Estate after a Taking, it shall be reasonable for Beneficiary to condition Grantor's repair or <br />restoration on Grantor's compliance with those conditions specified in Section 3.08(E)(3). <br />Section 3.12. Conflict with Deed of Trust Terms. The provisions of this Deed of <br />Trust and the Credit Agreements shall be cumulative and not mutually exclusive, <br />notwithstanding any inconsistencies. <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. <br />(A) Use of the Trust Estate. <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. <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. <br />(3) The Grantor shall not da 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. <br />(B} Condition of the Trust Estate. <br />to <br />
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