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201007634
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201007634
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Last modified
10/18/2010 2:27:26 PM
Creation date
10/18/2010 2:27:25 PM
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DEEDS
Inst Number
201007634
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�O1�U�63� <br />Premises, whether or not such reznediation is valuntary pr puxsuant to court ar administrative <br />order, including but not limited to any remaval, remedial or corrective action; (e) any past, <br />present or threatened non compliance or violations af any Environmental Laws (or pennits <br />rssued pursuant ta any Environmental Laws) in connection with the Premises or operations <br />thereon, including but not limited to any failure by Grantor, any person or entity affiliated with <br />Grantor or any tenant or other user of the 1'remises to comply with any order of any <br />governmental authority in connectian with any Environmental Laws; (� the imposition, <br />recording or fling or the threatened imposition, recording or filing of any environrnental lien <br />encumbering the Prernises; (g) any administrative processes or proceedings or judicial <br />proceedings in any way connected with any rz addressed in this Section; (h) any past, <br />pres�nt or threatened injury to, destruction of or loss of natural resources in any way caz�.nected <br />with the Premises, including but not limited to costs to investigate and assess such injury, <br />destruction or loss; (i) any acts of Grantor, any person or entity affiliated with Gratttor or any <br />t�nant or other user of the Premises in aa-ranging for disposal or treatment, or arranging with a <br />transporter for transport for disposal or treatrnent, of Hazardous Materials owned or possessed by <br />Grantor, any person or entity af�liated with Grantar or such tenant or user, at any faciNty or <br />incineration vessel nwned or operated by another person or entity and containing such or similar <br />Hazardous Materials; (j) any acts of Grantor, any person or entity affiliated with Grantor or any <br />tenant or ather user of the Prernises, in accepting any Hazardous Materials for transport to <br />disposal or treatment facilities, incineration vessels or sites selected by Grantor, any person ar <br />entity affiliated with Grantor or such tenant or user, from vvhich there is a release, or a threatened <br />release of any Hazardous Material which causes the incurrence of costs for remediation; (k) any <br />personal rnjury, wrongful death, or property damage arising under any statutary or comrnon law <br />ar tort law theory, including but not limited to damages assessed for the rnaintenance of a private <br />or public nuisance or for the canducting of an abnarmally dangerous activrty on or near the <br />Prernises; and (1) any misrepresentation ar inaccuracy in any representation or warranty ar <br />material breach or failure to per�arzn any covenants or other obligatians pursuant to this Sectinn. <br />Grantor will not remove or permit to be removed any buildings ar fences from the Premises <br />without the written consent of the Authority. Grantor will neither commit nar permit wast� or <br />trespass on or to the Premises, Grantor wi11 maintain the Tmprovements thereon in good repair <br />and, in the event of the failure of Grantor to keep the Improvernents on the Premises and those to <br />be erected on the Prernises, or Tmprovements thereon, in good repair, the Authority may make <br />such repairs as in its discretinn it may deem necessary for the proper preservation thereof, and <br />any sums paid far such repaars shal] bear interest fi the date of payrnent at the Default Rate <br />and shall be due and payable on demand and shall be fully secured by this Recapture Deed of <br />Trust. <br />14. Grantor will not voluntarily create or perrnit to be created against the Prernises <br />any ]ien or liens inferior ox superior to the lien of this Recapture Deed af Trust except for the <br />Permitted Encumbrances and tt�ose approved by the Authority, and further that it will keep and <br />maintain the same free frorn the claim of all persons supplying labor or materials which will <br />enter into the reconstruction af any and all Improvements now or hereafter being erected on said <br />Premises. The Authority ahall have the right (but not the obligation) to rnake payments sufficient <br />to release any liens filed against the Premises at the Authority 's sole discretion, arid all such <br />sums so paid by the Authority shall be added to the Obligations secured hereby and shall bear <br />interest from the date of payment at the Default Rate and shall be due and payable on demand. <br />11 <br />Recapture Deed of Trust and 5ecurity Agreement <br />4$39-8956-0$38,2 <br />
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