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<br /> File No. 958 �
<br /> 2.�A98 �g- 1U101t3 �
<br /> notify Beneficiary in writing of F►ny event or condition which with the lapae of • ��
<br /> '' time or the giving of notice would constitute an Event of Default. ..,ys%--
<br /> , .. .�"s�. Seation 1.25. $�'��■ R�c�lata ons Snv�ros�atal Law�. Truotor repreaent•s, ...;.�_
<br /> , : �':
<br /> � warrants and covenante: _ ___
<br /> . (i) that the location, construction, occupani a�°��8 lawonstatutee -
<br /> of the Mortgaged Property dc� not violate any app �j_
<br /> ' ordinance, rule, regulation, ordar or determination of any governmental -
<br /> � authority or any board of f ire underwriters (or other body exeraiaing �
<br /> �' similar functions), or any reatrictive covenant or deed restriction
<br /> .�' (record or otherwise) affecting the Mortgaged Propsrty, including, without
<br /> limitation, all applicable zoning ordinancea and building codea, flood
<br /> disaster lawa and health and environmental lawa and regulaiiona
<br /> . . � (hereinafter aometimes collectively called Applicable Rsg�ilationa") t
<br /> " (ii) that the Mortgaged Propezty and Trustor are not i.n violation `_
<br /> � of or aubject to any exiating, pending or threatened investi.gation or _
<br /> ' inquiry by any governmental authority or to any remedial obligationrs under �
<br /> "i� any Applicable Regulations pertaining to heAlth or the environment �,
<br /> (hereinafter sometimes collectively called "Applicable Environmental :
<br /> Laws") , including, without limitation, the Compreheneive Environmental _
<br /> Responae, Compensation, and Liability Act of 1980, as amended ("CERCLA") ,
<br /> and the Reaource Conservation and Recovery Act of 1976 ("RCR.A") , and this ,.
<br /> representation and warranty would continue to be true and correct
<br /> following diaclosure to the applicable governmental authoritiea of all
<br /> —°---- ialevant fa�t�, co�ditiona and circumstances, if any, pertaining to the _
<br /> � Mortgaged Property. IE any such investigation or inquiry is subsequentiy
<br /> initiated, Truetor will promptly notify Beneficiary;
<br /> t (iii) that Truator hae not obtained and ia not required to obtain
<br /> � . any permits, licensea or similar authorizationa to construct, occupy,
<br /> � operate or use any buildi.ngr�, improvements, fixtures and equipment forming
<br /> •� a part of the Mortgaged Property by reason of any Applicable Environmental
<br /> . Laws;
<br /> - (iv) that Truator has taken all stepa to determine and has
<br /> � • determined to ita reasonable eatiefaction that no hazardoue substance� or
<br /> � ' solid wastes have been dispoaed of or otherwise released on or about the
<br /> , �, . Mortgaged Property; �
<br /> (v) that the Mortgaged Property doea not contain asbestos,
<br /> ureaformaldehyde foam insulatlon or any other chemical, material or
<br /> � aubstance exposure to which may or could pose a health hazard, whether or
<br /> not the substance is prohibited, limited or regu�.ated by any governmental
<br /> • i� authority;
<br /> ` (vi) that the uae which Truator makea and intends to make of the
<br /> � Mortgaged Property will not reault in the manufacturing, treatment,
<br /> refining, tranaportation, generation, storage, disposa'1 or other release _—
<br /> or preaence of any hazardous substance or aolid waste on or to the
<br /> Mortgaged Property. For purposea of thie Section 1.25, the terma
<br /> �'hazardous aubstance" and "release" ahall have the meanings apeci£ied in ':..
<br /> CERCLA, and tlie terms "3oli d waste" and "disposal" (or "diaposed") shall :
<br /> � have the meanings specified in RCRA; provided, in the event either CERCL.A -
<br /> or RCRA is amended so as to broaden th� meaning of any term defined
<br /> thereby, such broader meaning ahall apply subsequent to the effective date
<br /> of auch amendment, and prov ided, further, to the extent that the lawe of
<br /> the state where the Pr1op'erty ia located esCabliah a meaning for "hazardous
<br /> � substance, release, solid waste or disposal which is broader than I
<br /> _:«..., ;., „;�Ho,- rFUrr.A or RcRA. such broader meaning shall apply;
<br /> - - _ �� i.iidi. 6t.o..�«.... .... ...--°-- ---� r..
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<br /> (vii) Trustor agrees to promptly notify Benef iciary of any
<br /> violation or alleged violation of any Applicable Environmental Laws of
<br /> which Trustor becomes awar.e; and
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