Common use of ENVIRONMENTAL CONDITION OF PREMISES Clause in Contracts

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law No. 96-5l0, 94 Stat. 2767, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 (SARA), Public Law No. 99-499, 100 Stat. l6l3; and b) xx of the date hexxxx xxxxx xxx, xx xxx xxxwledge after investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: (a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law NoXx. 9600-5l00x0, 94 Stat00 Xxxx. 27670000, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Amendments and Reauthorization Act of l986 (SARAXXXX), Public Law NoXx. 9900-499000, 100 Stat000 Xxxx. l6l3x0x0; and b) xx and as of the date hexxxx xxxxx xxxhereof there are, xx xxx xxxwledge to its knowledge after investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c(b) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law No. 96-5l0, 94 Stat. 2767, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 Amendments and Reaxxxxxxxxxxxx Xxx xx x000 (SARA), Public Law No. 99-499, 100 Stat. l6l3; and b) as xx of the xhe date hexxxx hereof xxxxx xxx, xx xxx xxxwledge after xxxxxxxxx xxxxx investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: (a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law No. 96-5l0, 94 Stat. 2767, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 (SARA), Public Law No. 99-499, 100 Stat. l6l3; and b) and xx of xf the date hexxxx herxxx xxxxx xxx, xx xxx xxxwledge xxxxledge after investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c(b) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby Mortgagor, warrants and represents to THE BANK after thorough investigation thatMortgagee that to the best of Mxxxxxxxx’s knowledge and except as to those matters (if any) set forth in the Environmental Reports: (a) the Each Premises are is now and at all times hereafter will continue to be in full compliance with all Federalfederal, State state and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 1980 (“CERCLA”), Public Law No. 96-5l0the Superfund Amendments and Reauthorization Act of 1986 (“SXXX”), 94 Stat. 2767the Federal Water Pollution and Control Act, the Federal Clean Water Act, the National Environmental Policy Act, the Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous Material Transportation Act, the Federal Clean Air Act, Chapters 376 (“Pollutant Discharge Prevention and Removal”), 377 (“Energy Resources”), and 403 (“Environmental Control”) or any applicable administrative code or statute in the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 state where the Property is located (SARAhereinafter together with any amendments thereto “Environmental Laws”), Public Law No. 99-499, 100 Stat. l6l3; and; (b) xx As of the date hexxxx xxxxx xxx, xx xxx xxxwledge after investigation, hereof there are no hazardous materials, substances, waste wastes or other environmentally regulated substances (including without limitationslimitation, asbestos, polychlorinated biphenyls (“PCB’s”), petroleum products, waste oils, toxic or radioactive materials, ammonia, chlorine, pesticides, bulk chemicals, substances listed in the United States Department of Transportation Table or by the Environmental Protection Agency (or any materials containing asbestossuccessor agency) as hazardous substances, or which are classified as hazardous or toxic under local, state or federal laws, rules or regulations) (“Hazardous Substances”) located on, in or under the each Premises or used in connection therewith, ortherewith in violation of any applicable Environmental Laws; (c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature The Premises is not on any Hazardous Substance cleanup list of any such hazardous materialgovernmental authority; (d) Mortgagor has not received a summons, substancecitation, waste directive, letter or other environmentally regulated substancecommunication, currently present written or oral, from any governmental authority including, but not limited to any agency or department of the State where the Property is located or the United States government nor has any action ever been commenced or threatened by any governmental authority concerning any intentional or unintentional action or omission on Mortgagor’s part which MORTGAGOR is legally authorized and empowered resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances into or onto the Premises; (e) The Premises has never been used by Mortgagor, to maintain ongenerate, in manufacture, refine, transport, treat, store, handle or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect theretodispose of Hazardous Substances, and is and will remain in full compliance with all Mortgagor does not intend to use any part of the termsPremises, conditions, and requirements of for such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition purposes; (f) No part of the Premises or in any building, structure or facility currently located thereon or improvement thereto contain or contained asbestos or have or have had asbestos containing materials installed thereon or therein at any time during or prior to Mortgagor’s ownership or operation thereof; (g) No part of the nature Premises nor any building, structure or extent facility currently located thereon or improvement thereto contain or contained PCB’s or have or have had electrical transformers, fluorescent light fixtures, ballasts or other equipment containing PCB’s installed thereon or therein at any time during or prior to Mortgagor’s ownership or operation thereof; (h) No part of the Premises has nor any hazardous materialsbuilding, substances structure or wastes maintained onfacility currently located thereon or improvement thereto are or have been used as a sanitary landfill, in and no Hazardous Substances have been buried, spilled or under disposed of on or within the boundaries of the Premises, at any time during or prior to Mortgagor’s ownership or operation thereof; and (i) There is no occurrence or condition on any real property adjoining the Premises that could cause the Premises or used in connection therewith, and will transmit any part thereof to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect be subject to any other hazardous materialsrestrictions on the ownership, substancesoccupancy, waste, transferability or other environmentally regulated substance affecting use of the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against Premises under any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANKEnvironmental Laws.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby Mortgagor, warrants and represents to THE BANK after thorough investigation thatMortgagee that to the best of Mortgagor’s knowledge and except as to those matters (if any) set forth in the Environmental Reports: (a) the Each Premises are is now and at all times hereafter will continue to be in full compliance with all Federalfederal, State state and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 1980 (“CERCLA”), Public Law No. 96-5l0the Superfund Amendments and Reauthorization Act of 1986 (“SXXX”), 94 Stat. 2767the Federal Water Pollution and Control Act, the Federal Clean Water Act, the National Environmental Policy Act, the Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous Material Transportation Act, the Federal Clean Air Act, Chapters 376 (“Pollutant Discharge Prevention and Removal”), 377 (“Energy Resources”), and 403 (“Environmental Control”) or any applicable administrative code or statute in the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 state where the Property is located (SARAhereinafter together with any amendments thereto “Environmental Laws”), Public Law No. 99-499, 100 Stat. l6l3; and; (b) xx As of the date hexxxx xxxxx xxx, xx xxx xxxwledge after investigation, hereof there are no hazardous materials, substances, waste wastes or other environmentally regulated substances (including without limitationslimitation, asbestos, polychlorinated biphenyls (“PCB’s”), petroleum products, waste oils, toxic or radioactive materials, ammonia, chlorine, pesticides, bulk chemicals, substances listed in the United States Department of Transportation Table or by the Environmental Protection Agency (or any materials containing asbestossuccessor agency) as hazardous substances, or which are classified as hazardous or toxic under local, state or federal laws, rules or regulations) (“Hazardous Substances”) located on, in or under the each Premises or used in connection therewith, ortherewith in violation of any applicable Environmental Laws; (c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature The Premises is not on any Hazardous Substance cleanup list of any such hazardous materialgovernmental authority; (d) Mortgagor has not received a summons, substancecitation, waste directive, letter or other environmentally regulated substancecommunication, currently present written or oral, from any governmental authority including, but not limited to any agency or department of the State where the Property is located or the United States government nor has any action ever been commenced or threatened by any governmental authority concerning any intentional or unintentional action or omission on Mortgagor’s part which MORTGAGOR is legally authorized and empowered resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances into or onto the Premises; (e) The Premises has never been used by Mortgagor, to maintain ongenerate, in manufacture, refine, transport, treat, store, handle or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect theretodispose of Hazardous Substances, and is and will remain in full compliance with all Mortgagor does not intend to use any part of the termsPremises, conditions, and requirements of for such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition purposes; (f) No part of the Premises or in any building, structure or facility currently located thereon or improvement thereto contain or contained asbestos or have or have had asbestos containing materials installed thereon or therein at any time during or prior to Mortgagor’s ownership or operation thereof; (g) No part of the nature Premises nor any building, structure or extent facility currently located thereon or improvement thereto contain or contained PCB’s or have or have had electrical transformers, fluorescent light fixtures, ballasts or other equipment containing PCB’s installed thereon or therein at any time during or prior to Mortgagor’s ownership or operation thereof; (h) No part of the Premises has nor any hazardous materialsbuilding, substances structure or wastes maintained onfacility currently located thereon or improvement thereto are or have been used as a sanitary landfill, in and no Hazardous Substances have been buried, spilled or under disposed of on or within the boundaries of the Premises, at any time during or prior to Mortgagor’s ownership or operation thereof; and (i) There is no occurrence or condition on any real property adjoining the Premises that could cause the Premises or used in connection therewith, and will transmit any part thereof to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect be subject to any other hazardous materialsrestrictions on the ownership, substancesoccupancy, waste, transferability or other environmentally regulated substance affecting use of the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against Premises under any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANKEnvironmental Laws.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law NoXx. 9600-5l00x0, 94 Stat00 Xxxx. 27670000, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Amendments and Reauthorization Act of l986 (SARAXXXX), Public Law NoXx. 9900-499000, 100 Stat000 Xxxx. l6l3x0x0; and b) xx as of the date hexxxx xxxxx xxxhereof there are, xx xxx xxxwledge to its knowledge after investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTE, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR Obligor hereby warrants and represents to THE BANK after thorough investigation the Lender that, to the best of its knowledge and belief: (a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 1980 (CERCLA), Public Law NoXx. 9600-5l0000, 94 Stat00 Xxxx. 27670000, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Amendments and Reauthorization Act of l986 1986 (SARAXXXX), Public Law NoXx. 9900-499000, 100 Stat000 Xxxx. l6l3; and0000, xxx b(x) xx (x) as of the date hexxxx xxxxx xxx, xx xxx xxxwledge after investigation, hereof there are no hazardous materials, substances, waste or other environmentally regulated substances (including without limitationslimitation, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or cor (ii) MORTGAGOR Obligor has fully disclosed to THE BANK the Lender in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR Obligor is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has Obligor have obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, conditions and requirements of such licenses, permits and approvals. MORTGAGOR Obligor further warrants and represents that it will promptly notify THE BANK the Lender of any change in the environmental, environmental condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK the Lender copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, waste or other environmentally regulated substance affecting the Premises. MORTGAGOR Obligor shall provide the Lender with results of any test xxxxx located on the property annually. Obligor hereby indemnifies and holds harmless THE BANK the Lender from and against any and all damages, penalties, fines, claims, suits, liabilities, costs (including cleanup costs), judgments and expenses (including attorneys', consultant's or expert's feesfees and expenses) of every kind and nature incurred, suffered by or asserted against THE BANK the Lender as a direct or director indirect result of: (a) MORTGAGOR any warranty or representation made by MORTGAGOR Obligor in this paragraph being or becoming false or untrue in any material respect respect, or (b) any requirement under the any law, regulation regulation, or ordinance, local, state State or federalFederal, regarding the which requires elimination or removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substancessubstances by the Lender, Obligor or any transferee of Obligor or the Lender. MORTGAGOR'S Obligor's obligations hereunder shall not be limited to any extent by the term terms of THE NOTEthe Restated Note secured hereby, and, as to any condition, act or occurrence prior to payment in full and satisfaction of said NOTE the Restated Note which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding payment in full and satisfaction of the Restated Note and this Restated Mortgage, or foreclosure of this Restated Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANKforeclosure.

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that: a) the Premises are now and at all times hereafter will continue to be in full compliance with all Federal, State and local environmental laws and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of l980 (CERCLA), Public Law No. 96-5l0, 94 Stat. 2767, and the Superfund Amendxxxxx xxx Xxxxxxxxxxxxxxx Act of l986 Amendments and Rexxxxxxxxxxxxx Xxx xx x000 (SARA), Public Law No. 99-499, 100 Stat. l6l3; and b) as xx of the date hexxxx hereox xxxxx xxx, xx xxx xxxwledge after xxxxxxxxx xxxxx investigation, no hazardous materials, substances, waste or other environmentally regulated substances (including without limitations, any materials containing asbestos) located on, in or under the Premises or used in connection therewith, or c) MORTGAGOR has fully disclosed to THE BANK in writing the existence, extent and nature of any such hazardous material, substance, waste or other environmentally regulated substance, currently present or which MORTGAGOR is legally authorized and empowered to maintain on, in or under the Premises or use in connection therewith, MORTGAGOR has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is and will remain in full compliance with all of the terms, conditions, and requirements of such licenses, permits and approvals. MORTGAGOR further warrants and represents that it will promptly notify THE BANK of any change in the environmental, condition of the Premises or in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to THE BANK copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, waste, or other environmentally regulated substance affecting the Premises. MORTGAGOR hereby indemnifies and holds harmless THE BANK from and against any and all damages, penalties, fines, claims, suits, liabilities, costs judgments and expenses (including attorneys', consultant's or expert's fees) of every kind and nature incurred, suffered by or asserted against THE BANK as a direct or indirect result of: a) MORTGAGOR any warranty or representation made by MORTGAGOR in this paragraph being or becoming false or untrue in any material respect or b) any requirement under the law, regulation or ordinance, local, state or federal, regarding the removal or elimination of any hazardous materials, substances, waste or other environmentally regulated substances. MORTGAGOR'S obligations hereunder shall not be limited to any extent by the term of THE NOTENOTES, and, as to any act or occurrence prior to payment in full and satisfaction of said NOTE NOTES which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding foreclosure of this Mortgage, where THE BANK is the purchaser at the foreclosure sale, or delivery of a deed in lieu of foreclosure to THE BANK.