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<br /> 2.0498 Flle No, 958 _ „_
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<br /> t � 98— iciQ18 .,..
<br /> ` '�� (viii) Truator agrees L•o indemnify and hold harmless Beneficiary •
<br /> � '� from and againat any and ail liabilities, damagea, claims, loases, �N�;;-
<br /> ' judgments, cauaes of actian, costs and expensea (including the reasonable �'`.
<br /> ,�N� fees and expenaes of counael) which may be incurred by Benef iciary y
<br /> -�,t.r� ! "r:'}`
<br /> ���r relating to or ariaing out of the generation, atorage, manufacturing, __
<br /> refining, releasing, traneportation, treatment, diaposal or other presence
<br /> � of hazardous subatances on or about the Mortgaged Property occurring prior �_ _
<br /> to the reconveyance of the Mortgaged Property, conveyance in lieu of ��_._
<br /> t forecloaure or the completion of foreclosure proceedings and termination 6
<br /> _ 1� of posseasion by Truator. _
<br /> '�.�. Section 1.26. Du� ]►uthori:ation. Trustor hae the rec;uisite power, - -
<br /> authority and legal right to carry on the bueiness conducted by ir and to engag�s _
<br /> r in the transactions contemplated by the Loan Documents to which it is a party. _
<br /> The execution and delivery of the Loan Documenta to which it is a party and the
<br /> • per£azmance and ob�ervance of the provieions thereof have all been authorized by _—_
<br /> all necessary c�ctiona o£ Truator. =
<br /> ' �' Truator has
<br /> Section 1.27. T��a�i�a ta oa r Comrolia�ge �rith Other Inatrua�aES. �=
<br /> �� no liabilities except hereunder and thoae incurred in the ordinary courae of -
<br /> bueiness and which are not delinquent or which are otherwise contemplated or
<br /> permitted by this Deed of Truat and the other Loan Documenta to which it is a
<br /> � party. Trustor is not in default (i) in the payment of any taxos levied or _
<br /> y� aseesaed against it or ita aesets, (ii) under any applicable statute, rule, order
<br /> � or regulation of any governmental authority, (iii) under this Deed of Truat or
<br /> ' any of the other Loan Documents to which it is a party or (iv) under any other
<br /> ------ agresmsnt *_o which 11- ia a party or by which it or any of its propertiea are
<br /> bound.
<br /> Nei.ther th� execution and delivery of thia Deed af Trust or any of the
<br /> other Loan Documente to which Trustor is a party, nor the conaummation of the
<br /> transaction herein or therein contemplated, nor compliance with the terms and
<br /> proviaiona hereof or thereof, conflicts with or results or will result in a
<br /> � breach of any of the terms, conditione or provisions of any law, order, rule,
<br /> , regulation, writ, injunction or decree of any court ar governmental autkaority,
<br /> ... �• or any agreement or inatrument to which Trustor is a party or by which it or any
<br /> . ;{ of ita propertiea are bound, or conatitutes or will constituCe a default
<br /> ,•.,.��, . ,.' { thereunder, or results or will reault in the creation or impoaition of any lien
<br /> °�?" ' � of any nature whatsoever upon any of its property or assets pursuant to the terms -
<br /> '�''� ' of any such agreement or instrument except the liens created or permitted by the
<br /> Loan Documents to which it is a party.
<br /> � Section 1.28. 8aforaeabilitv. Thia Deed of Truet and each of the other -
<br /> � Loan Documents to which Trustor is a party have been duly executed and de livared
<br />_�, by Trustor and conetitute valid and binding obligations of Trustor, enforceable
<br /> ' in ac:cordance with their reapective terms, except as the enforceability (but not
<br /> � . the validity thereof) may be limited by bankruptcy, inaolvency, reorgani zation,
<br /> t ' moratorium and other aimilar laws affecting the en£orcement of creditora' righta
<br /> , • , generally.
<br /> S�sction 1.29. pendina Litiaation. There are no proceedings pending or, =_�-
<br /> . to tha knowledge of Trustor threatened, againat or affecting Truator in any cc�urt �;__
<br /> or before any governmental authority or azbitration board or tribunal whic2z i.f _
<br /> adversely determined would materially and adveraely affect the prop erties, ,
<br /> business, prospects, profita or condition (financial or otherwioe) of Trustor or
<br /> the right or ability of Trustor to enter into the Loan Dacuments to whic h it is
<br /> a party, and if any such proceedinga are subaequently initiated or threat�ned
<br /> then Truator will promptly provide written notice to Benefi.ciary. Trustor is not
<br />� in default with respect to any order of any court or governmental autho rity or
<br /> � arbitration baard or tribunal.
<br /> _._s
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<br /> Section 1.30. Comnlla�sca With Lnw. Truator is in compliance w ith all
<br /> � laws, ordinances, governmental rulea or regulations to which it is s ubject,
<br /> including, without limitation, the Occupational Safety and Health Act of 1970,
<br /> ' the Employee Retirement Income Security Act of 1974 and all laws, ordi nances,
<br /> , yovernmental rules or regulations relating to environmental protect ion the
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