|
201005559
<br />Trust Estate or any part thereof.
<br />(B) Condition of the Trust Estate.
<br />(1) The Grantor shall take all appropriate response actions, including
<br />any removal and remedial actions, in the event of a release, emission, discharge or disposal of
<br />Hazardous Materials in, on, under, or about the Trust Estate, so as to remain in compliance with
<br />all Environmental haws.
<br />(2) All underground tanks, wells, septic tanks, ponds, pits, or any other
<br />storage tanks (whether currently in use or abandoned) on the Trust Estate, if any, are, as of the
<br />date hereof, maintained in compliance with all applicable Environrr-ental Laws.
<br />(C) Notice of Environmental Problems or Litigation. Neither the Grantor
<br />nor any of its tenants have given, nor were they required to give, nor have they received, any
<br />notice, letter, citation, order, warning, complaint, inquiry, claim or demand that: (1) the Grantor
<br />and/or any tenants have violated, or are about to violate, any Environmental Law, judgment or
<br />order; (2) there has been a release, or there is a threat of release, of Hazardous Materials from the
<br />Trust Estate; (3) the Grantor and/or its tenants may be or are liable, in whale or in part, for the
<br />costs of cleaning up, remediating, removing or responding to a release or a threatened release of
<br />1-lazardous Materials; or (4) the Trust Estate is. subject to a Lien in favor of any governmental
<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 />lazardous Material. The C7rantor further represents and warrants that no conditions currently
<br />exist ar 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 Benef ciary.
<br />(U) 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 );state and facilities thereon; and perform 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 perform such inspections or tests.
<br />(E). Indemnity. The Grantor agrees to indemnify and hold the Benefciary, its
<br />directors, employees, agents, and its successors and assigns, harmless from and against any and
<br />all claims, losses, damages, liabilities, fines, penalties, charges, judgments, administrative orders,
<br />remedial action requirements, cnfcircement 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 ar 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.
<br />iz
<br />
|