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201005319 <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 Mortgagor shall and does hereby grant Mortgagee and Mortgagee's agents, employees, contractors and designees an irrevocable <br />license (coupled with an interest) to enter the Premises from time to time to: <br />(a) evaluate and monitor the Premises for compliance with all Environmental Laws and the terms of the Mortgage, <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 Mortgagor shall provide Mortgagee with all notices and other communications received from federal, state and local agencies <br />and departments which enforce and administer the Environmental Laws. From time to time Mortgagor shall provide Mortgagee, upon <br />request, any and all information requested by Mortgagee concerning the use of the Premises and Mortgagor's compliance with the <br />Environmental Laws and the terms of this Mortgage, including but not limited to, all licenses, permits and certificates, and the book and <br />records pertaining to the Premises. <br />That Mortgagor 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 Environtental Laws and the terms of this Mortgage. <br />That Mortgagor shall and does hereby release, indemnify, agree to pay on behalf of and hold harmless Mortgagee, its officers, <br />directors, agents, employees, successors and assigns of, from and against any impositions imposed by any governmental authority for any <br />lien or so-called "super priority lien" upon the Premises, as well as all losses, claims, costs, liabilities, penalties, punitive damages, causes <br />of action, actions, demands, damages, fines (civil ar critninal), penalties, expenses, clean-up costs, attorneys' fees and court costs, caused <br />in whole or in part, regardless of fault, by any past, present or future owner, occupier, tenants, subtenant, undersubtenant, licensee, guest, <br />or any other person or entity, including but not limited to the Mortgagor and Mortgagee, which may be incurred, suffered or sustained by <br />Mortgagee, its officers, directors, successors or assigns, at any time, and from time to time, whether before, during or after enforcement of <br />its rights and remedies hereunder after the occurrence of an Event of Default and after payment of all sums secured hereby, by reason of <br />or arising from, in whole or in part; <br />(a) the presence or alleged presence of asbestos, asbestos-containing materials, PCB's, radon gas, or LTFFI on the Fremises; <br />(b) any violation or alleged violation of any of the terms of this Mortgage; <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 Pretises; 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 Mortgage and/or a deed in lieu of foreclosure. <br />That Mortgagor agrees that in the event Mortgagee shall pay any Receivable Claims, all such sums shall be added to the amount <br />secured hereby, shall be deemed to be obligatorily advanced under the terms of the Loan Documents, shall be secured hereby and shall be <br />payable on demand by Mortgagor. The terms of this paragraph shall survive the payment in full of all other sums secured hereby and the <br />termination and satisfaction of record of this Mortgage. <br />That Mortgagor warrants and represents to Mortgagee that Mortgagor has investigated the prior ownership and use of the Premises, <br />in a manner consistent with good commercial and customary practice, to determine that the Premises is free of hazardous substances. <br />Mortgagor, in 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, or likely presence, of contamination. <br />That Mortgagor warrants and represents to Mortgagee that: <br />(a) none of the real property owned and/or occupied by Mortgagor, including the Premises, has ever been used to treat, <br />store, produce, handle, txansfer, 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 Environmental Laws; <br />(d) neither Mortgagor nor any prior owner or occupier of the Premises have received a summons, citation, Notice of <br />Violation, Administrative Order, directive, letter or other communication, written or oral, from any governmental or <br />quasi-governmental authority concerning any releases of or contaminations caused by hazardous substances or violation <br />or alleged violation of any Environmental Laws; <br />