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2oioo79�7
<br />(3) The Grantor sha11 not do ar permit any act or thing, business or
<br />operation that poses an unreasonable risk of harm, or impairs or may impair the value of the
<br />Trust Estate or any part thereof
<br />(B) Condition of the Trust Estate.
<br />(1) The Grantor shall take all appropriate response actians, including
<br />any removal and remedial actions, in the event of a release, emission, discharge or disposal of
<br />Hazardous Matexials in, on, under, or about the Trust Estate, so as to remain in compliance with
<br />all Environmeiltal Laws.
<br />(2) All underground tanks, wells, septic tanks, ponds, pits, ar 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 Environmental Laws.
<br />(C) Notice of Environmental Problems or Litigation. Except as otherwise
<br />disclosed in schedules to the Credit Agreement, neither the Grantor nor any of its tenants hav�
<br />given, nor were they required to give, nor have they received, any notice, letter, citation, order,
<br />warning, complaint, inquiry, claim or demand that (1) the Grantor and/or any tenants have
<br />violated, or are about to violate, any Environmental Law, judgment or order; (2) there has been a
<br />release, or there is a threat of release, af Hazardous Materials from the T� Estate; (3) the
<br />Grantor and/or its tenants rnay be or are liable, in whole or in part, for the costs of cleaning up,
<br />remediating, removing or responding to a release or a threaten�d release of Hazardous Materials;
<br />or (4) the Trust Estate is subject to a Lien in favar of any gavernmental entity for any liability,
<br />costs or damages, under any Environmental Law arising from, or costs incurred by such
<br />governmental entity in response to, a release or a thareatened release af a Hazardaus Material.
<br />The Grantar further represents and warrants that no conditions currently exist or are currently
<br />reasonably foreseeable that wauld subject the Grantor to any such investigation, litigation,
<br />administrative enfarcement or to any damages, penalties, injunctive relict or cleanup costs under
<br />any Environmental Law. Upon receipt of any such notice, the Grantor and its tenants shall
<br />immediately provide a capy to the Beneficiary.
<br />(D) Right of Inspection. The Grantor hereby grants, and will cause any
<br />tenants to grant, to the Beneficiary, its agents, attorneys, employees, cnnsultants, contractors,
<br />successors and assigns, an irrevocable license and authorization, upon reasonable notice, to enter
<br />upon and inspect the Trust Estate and facilities thereon, and perform such tests, including
<br />without limitation, subsurface testing, soils and groundwater testing, and other tests which may
<br />physically invade the Trust Estate, as the Beneficiary, in its sole discretion, determines are
<br />necessary to protect its security interest; provided, however, that under no circunnstances shall
<br />the Bene�ciary be obligated to perform such inspections or tests.
<br />(E) Indemnity. The Grantor agrees to 'rndemnify and hold the Seneficiary, its
<br />directors, employees, agents, and its successars and assigns, harmless from and against any and
<br />all claims, losses, damages, liabilities, �nes, penalties, charges, judgments, administrative orders,
<br />remedial action requirements, enforcement actians of any kind, and all costs and expenses
<br />incurred in connection therewith (including without limitatron attorney's fees and expenses)
<br />�?
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