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201007862 <br />present or threaten�d non compliance ar violations of any Environmental L�ws (or permits <br />issued pursuant to atzy Environmental L,aws) in connection with the Premises or aperations <br />thereon, including but not limited to any failure by Gra.ntor, any person or entity afhliated with <br />Grantor or any tenant or other user of the Premises to comply with any arder of any <br />govemmental authority in connection with any Environmental Laws; ( fl t}ae impasitioz�, <br />recordin,g or filing or the threatened imposition, recording or filing of any environmental lien <br />encumbering the Premises; (g) any administrative pracesses or proceedings or judicial <br />prnceedings in any way connected with any matter addressed in this Section; {h) any past, <br />pr�sent or threatened injury to, destruction of or loss o� natural resources in any way cannected <br />with the Premises, includ�ing 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 Grantor or any <br />tenant or other user of the Premises in azranging for disposal or treat�ent, or arranging wit� a <br />transporter for transport for disposal or treatment, of Hazardous Materials owned or possessed by <br />Grantor, any persan �or entity affiliated with Grantor or such tenant nr user, at any facility or <br />incineration vessel owned or operated by another person or �ntrty and containing such or similar <br />Hazardous Materials; (j) any acts of Grantor, any person ar entity affiliated with Grantor or any <br />tenant or other user of the Premises, i�uu accepting any Hazardous MateriaLg for transport to <br />disposal or treatrnent facilities, incineration vessels ar sites selected by Grantor, any person or <br />entity af�iiliated with Grantar or such tenant or use�r, fram which there is a release, or a threatened <br />release of any Hazardous Material which causes the incurrence of costs for remediation; (k) any <br />persanal injury, wrongful dcath, or property damage arising under any statutory or common law <br />or tort law theory, including but not limited tp dama�es assessed for the maintenance of a private <br />or public nuisance or �or the conducting of an abnormally dangerous activity on or near the <br />Premises; and (1) any misarepresentation or inaccuracy in any representation ar wazranty or <br />material breach or failure to perform any covenants or other c►bligatians pursuaat to this Section. <br />Grantor will not remove or permit to be removed an.y buildings or fences fram the Premises <br />without the wnitten consent of the Authority. Grantar will neither commit nor per�mi.t waste or <br />trespass on or to the Premis�s. Grantor will maintain the �mpravements thercon in good repair <br />and, in the event of the failure of Crantor to keep the Improvements on the Premises and those to <br />be erected an the Premises, or Improvements thereon, in good repair, the Authority may make <br />such repairs as in its discretion it may de�m necessary far the proper prese�rvation thereof, and <br />any swns paid for such repairs shall bear int�rest from the date of payment at the Default Rate <br />and shall be due and payable on demand and shall be fully secuxed by this Recapture Deed of <br />Trust. <br />14. Grantor will not voluntarily create ar permit to be created against the Premises <br />a,ny lien or liens inferior or superior to the lien of this Recapture Deed of Trust except for the <br />Permitted Encumbrances and those approved by the Authority, and further that it will keep ax�d <br />mainta�in the same frec from tb�e claim of all persons supplying labor or matezials which wiii <br />enter into the recomstructio� of any and all Improvements now or hereafter being erected on said <br />Premises. The Authority sha11 have tb.e right (but not the obligation) to make payments sufficient <br />ta release any liens filed against the Premases at the Authority 's sole discretian, and 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 thc Default Rate and shall be due and payable on demand. <br />11 <br />Recapture peed af Trust snd Security A�{reement <br />4840-G73S-9942.2 <br />