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201007636
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Last modified
10/18/2010 2:47:30 PM
Creation date
10/18/2010 2:47:28 PM
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DEEDS
Inst Number
201007636
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2oioo�s�� <br />issued pursuant to any Environmental Laws) in connection with the Premises or operations <br />thereon, including but not lirnited to any failure by Grantor, any person or entity affiliated with <br />Grantor or any tenant nr other user of the Prernises to comply with any order of any <br />governrnental authority in connection with any Environmental Laws; (� the imposition, <br />recvrding or filing or the threatened imposition, recording vr �ling of any environmental lien <br />encumbering the Premises; (�?) any administrative processes or praceedings or judicial <br />proceedings in any way connected with any matter addressed in this Section; (h) any past, <br />present ar threatened injury to, destruction of or loss of natural resaurces in any way connected <br />with the Premises, including but not limited to costs to investigate and assess such injury, <br />destruction or loss; (i) any acts af Grantor, any person or entity affiliated with Grantor or any <br />tenant or other user of the Premises in arranging for disposal or treatment, ar arran�ing with a <br />transparter for transport for disposal or treatment, of Hazardous Materials owned or possessed by <br />Grantor, any person or entity affiliated with Grantor or such tenant or user, at any facility or <br />incineration vessel owned or operated by another person or entity and containing such ar similar <br />Hazardous Materials; (j) any acts of Grantor, any person or entity af�liated with Grantor or any <br />tenant or other user of the Premises, in accepting any Hazardous Materials for transport to <br />dispasal ar treatment facilities, incineration vessels ar sites selected by Grantor, any person or <br />entity affliated with Grantor or such tenant or user, from which there is a release, or a threatened <br />release of any Hazardous Material which causes the incurrence of costs for rernediation; (k) any <br />personal injury, wrongful death, or property damage arising under any stakutory or common law <br />or tort law theory, including but not limited to damages assessed for the maintenance of a private <br />or public nuisance or for the conductin� of an abnormally dangerous activity on or near the <br />Premises; and (1) any misrepresentation or inaccuracy in any representation or warranty or <br />material breach or failure to perform any covenants or other obligations pursuant to this Section. <br />Grantor will nat remove or permit to be removed any buildings or fences from the Premises <br />without the written consent of the Authority. Grantor will neither commit nor permit waste or <br />trespass on ar ta the Premises. Grantor will maintain the Tmprovements thereon in goad repair <br />and, in the event of the failure of Grantor to keep the Irnprovements on the Premises and those to <br />be erected on the Premises, or Improvements thereon, in good repair, the Authority may malce <br />such repairs as in its discretion it may deem necessary for the proper preservation thereof, and <br />any sums paid for such repairs shall bear interest from the date of payment 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 nat valuntarily create or permit to be created against the Premises <br />any lien or liens inferior vr superior to the lien of this Recapture Deed of Trust except for the <br />Permitted Encumbrances and those approved by the AuChority, and further that it will keep and <br />rnaintain the same free from the claim of all persons supplying labar or materials which will <br />enter into the recottstruction of any and all Improvements now or hereafter being erected on the <br />Premises. The Authority shall have the right (but not the abligation) ta make payments sufficient <br />to release any liens filed against the Premises at the Authority's sole discretion, and all such sums <br />so paid by the Authority shall be added to the Obligations secured hereby and shall bear interest <br />fram the date of payment at the Default Rate and shall be due and payable on demand. <br />1 S. Grantor covenants and agrees that so long as this Recapture Deed of Trust and <br />the 1602 Agreement secured hereby are held by the Authority, it will comply with the <br />11 <br />Recapture peed of Trust and Security Agreement <br />4848-2546-7143.3 <br />
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