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201100111
<br />(a) the presence or alleged presence of asbestos, asbestos-containing materials, PCB's, radon gas, or
<br />Uk'FI on the Premises;
<br />(b) any violatinn or alleged violation of any of the terms of this Trust Deed;
<br />(c) any violation or alleged violation of any Environmental Law; and
<br />(d) any release or contamination caused by any hazardous substance on, in, under, onto, &om or about
<br />the Preznises; or
<br />(e) any liability for personal injury, property damage or damage to the en�vironment due tv (a), (b), (c)
<br />or (d) above ("Receiva.ble Claims").
<br />That the terms of this paragraph shall survive the payment in. full of all sums secured hereby and the terznination
<br />and satisfaction af record nf this Trust Deed and/or a deed in lieu of foreclosure.
<br />That Trustor ag,�eea that in thc event Trustee shatl pay any Receivable Claims, all such sums sha11 b� added to
<br />the amvunt secured hereby, shall be deemed to be ob�igatarily advanced under the terms of the Loan Documents,
<br />shall be secured hereby and shall be payable on demand by Tcustor, The terms af this paragraph shall survive the
<br />payment in full of all other sums secured hereby and the terminadon and s�tisfaction of record of this Trust Deed.
<br />That Trustor warrants and represents to Trustee Wat Trustor has investigated the prior ownership and use of the
<br />Prenaises, in a manner consistent with good commercial and customary practice, to detenmine that the Premises is
<br />£ree af hazardous substances. Trustor, in perfornning its investigation�, has considereci, anoang other factors:
<br />(a) the relationship af the purchase price to the value of the Premises if uncontaminated when
<br />acquired,
<br />(b) commonly known or ascertainable infoxmativn about the Premises, and
<br />(c) the obviousness of the presence, or likely presence, of contamination.
<br />That Trustor warrants and represents to Trustee that:
<br />(a) none of the real property owned and✓or dccupied by Trustor, includirtg the Premises, has ever been
<br />usec! to treat, store, produce, handle, transfer, process, tra�sport, dispose or otherwise release
<br />hazardous substances and/or any other substances regulated or cantrolled by the Environmental
<br />Laws ar which would result in any liability therefor;
<br />(b) there is no pollution or danger of polIution resulting from a condition which exists an the Premises
<br />which requires any cotrective action under the Enviraruiaental Laws or which would result in any
<br />liability therefor;
<br />(c) no notification has been filed with regard to a release of hazardous substances on, into, onto or
<br />from the Premises under the Environmental I.aws;
<br />(d) neither Trustor nor any prior owner or occupier of the Preznises have receivecl a summons, .
<br />citation, Notice of Violation, Administratave Order, directive, letter or other eo:namunication,
<br />written or ora1, from any govexnmental or quasi-govern�nental authority concerning any releases
<br />of or contaminations caused by hazardous substauces or violation or alleged violation of any
<br />�nvironmental Laws;
<br />(e) there are no underground storage tanks, visible asbestas, asbestos-oon,ta.ining materials, PCB's or
<br />UFFI located on, in, under or about the Premises;
<br />(fl there have been no releases at, upon, under or within, and mo past or ongoing migration frozn
<br />neighboring lands to the Premises of any hazardous substances;
<br />(g) there is no radon gas infiltrating the Buildings in excess of current state and fed�ral guidelines; aud
<br />(h). all wacrantics and representations given by Trustor, or any other party, are true, camplete and
<br />conrect as of the date hereof.
<br />That Trustor agrees thar any matcrials or other items faund in, on, under or araund the Fcemises whic� qualify
<br />as hazardous substances, or any atherwise deemed unacceptable by the Trustee, in its sole discretion shall be
<br />immediately remnved from the Premises, at Trusto�'s sale cost and expense, in complianca with s�ll applicable
<br />Ennvironmental Law.
<br />That Trustor s�all, in addition to thosa notifications required elsewhere in ttus Trust Deed, notify 'T'rustee of
<br />(a) the presence of any visible asbestos or asbestos-containing materials, PCB's (except as shown on
<br />the Environmental Certificate), radon gas beyond acooptable limits, or urea formaldehyde foam
<br />insulation at, in, on, under, onta ar fi the Premises, and
<br />{i�2aaio.2}
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