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201005318
<br />(b) take all steps necessary to promptly clean up such discharge, spill, injection, escape, emission, disposal, leak or another
<br />release in accordance with the provisions of all applicable Environmental Laws, and
<br />(c) receive certification from the appropriate State Department of Environmental Resources or Federal Environmental
<br />Protection Agency that the Premises, and any other property affected, has been cleaned up to the satisfaction of those
<br />agencies.
<br />That Trustor shall and does hereby grant Trustee and Trustee's agents, employees, contractors and designees an irrevocable license
<br />(coupled with an interest) to enter the Premises from time to time to:
<br />(a) evaluate and monitor the Premises far compliance with all Environmental Laws and the terms of the Trust Deed,
<br />(b) to evaluate the presence of hazardous substances, and
<br />(c) to perform appropriate tests and test borings, including taking soil and ground water samples.
<br />That Trustor shall provide Trustee with all notices and other communications received from federal, state and local agencies and
<br />departments which enforce and administer the Environmental Laws. From time to time Trustor shall provide Trustee, upon request, any
<br />and all information requested by Trustee concerning the use of the Premises and Trustor's compliance with the Environmental Laws and
<br />the terms of this Trust Deed, including but not limited to, all licenses, permits and certificates, and the book and records pertaitung to the
<br />Premises.
<br />That Trustor shall require that all tenants, subtenants, undersubtenants and other occupants of the Premises to use and occupy the
<br />Premises in strict compliance with the Environmental Laws and the terms of this Trust Deed.
<br />That Trustor shall and does hereby release, indemnify, agree to pay on behalf of and hold harmless Trustee, its officers, directors,
<br />agents, employees, successors and assigns of, from and against any impositions imposed by any governmental authority for any lien or so-
<br />called "super priority lien" upon the Fremises, as well as all losses, claims, costs, liabilities, penalties, punitive damages, causes of action,
<br />actions, demands, damages, fines (civil or criminal), penalties, expenses, clean-up costs, attorneys' fees and court costs, caused in whole
<br />or in part, regardless of fault, by any past, present or future owner, occupier, tenants, subtenant, undersubtenant, licensee, guest, or any
<br />other person or entity, including but not limited to the Trustor and Trustee, which may be incurred, suffered or sustained by Trustee, its
<br />officers, directors, successors or assigns, at any time, and from time to time, whether before, during or after enforcement of its rights and
<br />remedies hereunder after the occurrence of an Event of Default and after payment of all sums secured hereby, by reason of or arising
<br />from, in whole or in part;
<br />(a) the presence or alleged presence of asbestos, asbestos-containing materials, PCB's, radon gas, or UFFI on the Premises;
<br />(b) any violation or alleged violation of any of the terms of this Trust Deed;
<br />(c) any violation or alleged violation of any Environmental Law; and
<br />(d) any release or contamination caused by any hazardous substance on, in, under, onto, from or about the Premises; or
<br />(e) any liability for personal injury, property damage or damage to the environment due to (a), (b), (c) or (d) above
<br />("Receivable Claims").
<br />That the terms of this paragraph shall survive the payment in full of all sums secured hereby and the termination and satisfaction of
<br />record of this Trust Deed and/or a deed in lieu of foreclosure.
<br />That Trustor agrees that in the event Trustee shall pay any Receivable Claims, all such sums shall be added to the amount secured
<br />hereby, shall be deemed to be obligatorily advanced under the terms of the Loan Documents, shall be secured hereby and shall be payable
<br />on demand by Trustor. The terms of this paragraph shall survive the payment in full of all other sums secured hereby and the termination
<br />and satisfaction of record of this Trust Deed.
<br />That Trustor warrants and represents to Trustee that Trustor has investigated the prior ownership and use of the Premises, in a manner
<br />consistent with good commercial and customary practice, to determine that the Premises is free of hazardous substances. Trustor, in
<br />performing its investigation, has considered, among other factors:
<br />(a) the relationship of the purchase price to the value of the Premises if uncontaminated when acquired,
<br />(b) commonly known or ascertainable information about the Premises, and
<br />(c) the obviousness of the presence, ar likely presence, of contamination.
<br />That Trustor warrants and represents to Trustee that:
<br />(a) none of the real property owned and/or occupied by Trustor, including the Premises, has ever been used to treat, store,
<br />produce, handle, transfer, process, transport, dispose or otherwise release hazardous substances and/or any other
<br />substances regulated or controlled by the Environmental Laws or which would result in any liability therefor;
<br />(b) there is no pollution or danger of pollution resulting from a condition which exists on the Premises which requires any
<br />corrective action under the Environmental Laws or which would result in any liability therefor;
<br />(c) no notification has been filed with regard to a release of hazardous substances on, into, onto or from the Premises under
<br />the Envirotunental Laws;
<br />(d) neither Trustor nor any prior owner or occupier of the Premises have received a summons, citation, Notice of Violation,
<br />Administrative Order, directive, letter or other communication, written or oral, from any governmental or quasi-
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