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<br />lien rights and those of any party claiming by, through or under such property manager to the
<br />lien of this Deed of Trust.
<br />38. Fixture Filing. Grantor and Beneficiary agree that this Deed of Trust shall
<br />constitute a financing statement and fixture filing under the Code with respect to all "fixtures"
<br />(as defined in the Code) attached to or otherwise forming a part of the Premises and that a
<br />security interest in and to such fixtures is hereby granted to Beneficiary. For purposes of the
<br />foregoing, Beneficiary is the secured party and Grantor is the debtor and the collateral covered
<br />by this financing statement shall be all items of property contained within the definition of the
<br />"Premises" which is or becarnes a fixture on the Real Estate or any other real estate contained
<br />within the definition of the Premises.
<br />39. Hazardous Materials.
<br />(a) Grantor represents and warrants that no Hazardous Materials exist on,
<br />under or about the Premises or, to the best of Grantor's knowledge after diligent
<br />inquiry, have been transported to or from the Premises or used, generated,
<br />manufactured, stored ar disposed of on, under or about the Premises, and the Premises
<br />is not in violation of any federal, state or local law, ordinance or regulation relating to
<br />industrial hygiene or the environmental conditions on, under or about the Premises,
<br />including, without limitation, soil and groundwater conditions. Hazardous Materials
<br />shall include: [i] oil, flammable substances, explosives, radioactive materials,
<br />hazardous wastes, substances, toxic wastes or substances or any other materials or
<br />pollutants which pose a hazard to the Premises or to persons on or about the Premises,
<br />cause the Premises to be in violation of any local, state or federal law ar regulation, or
<br />are defined as or included in the definition of "hazardous substances", "hazardous
<br />wastes" "hazardous materials" "toxic substances" "contaminants" "pollution" or
<br />> ,
<br />words of similar import under any applicable local, state ar federal law or under the
<br />regulations adopted or publications promulgated pursuant thereto, including, but not
<br />limited to: [A] the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended. 42 U.S.C. §9601, et seq.; [B] the Hazardous
<br />Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq.; [C] the Resource
<br />Conservation and Recovery Act, as amended, 42 U.S.C. §5901, et seq.; and [D]
<br />regulations adopted and publications promulgated pursuant to the aforesaid laws; [ii]
<br />asbestos in any farm which is or could become friable, urea formaldehyde foam
<br />insulation, transformers or other equipment which contain dielectric fluid containing
<br />levels of polychlorinated biphenyls in excess of fifty (50) parts per million; [iii]
<br />underground storage tanks; and [iv] any other chemical, material or substance,
<br />exposure to which is prohibited, limited or regulated by any governmental authority or
<br />may or could pose a hazard to the health and safety of the occupants of the Premises or
<br />the owners and/or occupants of property adjacent to or surrounding the Premises. As
<br />used in this Deed of Trust, the term "Hazardous Materials law" shall include laws,
<br />rules, regulations, statutes, and requirements pertaining or relating to Hazardous
<br />Materials.
<br />(b) Grantor shall, at its sole cost and expense, prevent the imposition of any
<br />lien against the Premises for the cleanup of any Hazardous Material, and shall comply
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