Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all Except as set forth in the environmental reports, audits, studies and similar documents relating to reports obtained by Lender in connection with the Real Property which are in Seller’s possession and control (the “Environmental Reports”)making of this Agreement, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsBorrower’s Knowledge, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the contrary set forth hereinProperty), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to Buyer that or otherwise affect the Partnership may store and use Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all Lessee [or other occupant pursuant to any agreement authorizing mining] shall not keep on or about the premises any hazardous substances, as defined under 42 U.S.C. § 9601(14) or any other Federal environmental reportslaw, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, any regulated substance contained in or under or disposed of at or released from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedtank, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include defined by the Resource Conservation and Recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “hazardous” by applicable State law, (hereinafter, for the Comprehensive Environmental Responsepurposes of this Lease, Compensation collectively referred to as “Hazardous Substances”) unless such substances are reasonably necessary in Lessee’s mining operations, and Liability Act the use of 1980such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, the Superfund Amendments and Reauthorization Act of 1986governing Hazardous Substances. Lessee shall immediately notify Lessor, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actsurface management agency, and any other Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or releases of any Hazardous Substance affecting the Leased Premises, (ii) all failures to comply with any applicable Federal, state or local statutelaw, regulationregulation or ordinance governing Hazardous Substances, ordinanceas now enacted or as subsequently enacted or amended, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance (iii) all inspections of the Real PropertyLeased Premises by, or any correspondence, order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private Party concerning the Leased Premises.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsFor purposes of this Section 7, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous MaterialsSubstance” shall mean and include, but shall not be limited to, means any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected matter giving rise to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included liability under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, U.S.C. Section 9601 et seq. (including the Solid Waste Disposal Actso-called “Superfund” amendments thereto), as amendedany other applicable federal, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulationlaw, ordinance, order rule or decree relating regulation governing or pertaining to healthany hazardous substances, safety hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Hazardous Materials Laws”). Tenant shall cooperate with Landlord and permit Landlord and all Governmental Authorities reasonable access to the Property in a manner that will not unreasonably interfere with Tenant’s (or any of its occupants’) use of the Property for purposes of operating, inspecting, maintaining and monitoring any environmental controls, equipment, barriers and/or systems required by applicable Hazardous Materials Laws. Except for Known Existing Environmental Conditions (as hereinafter defined) to be removed and remediated pursuant to the Development Agreement (if any), if, during the Term, the existence, presence, release, placement on or in the Property or the generation, transportation, storage, treatment or disposal at the Property of any Hazardous Substance (including Unknown Existing Environmental Conditions (as hereinafter defined)) (i) gives rise to liability (including, but not limited to, a response action, remedial action or removal action) under Hazardous Materials Laws; (ii) causes a public health effect; or (iii) pollutes the environment. Notwithstanding anything , Tenant, except to the contrary set forth hereinextent such matters were caused by the Indemnified Landlord Parties (as hereinafter defined), Seller has shall promptly take any and all remedial and removal action necessary to clean up the Property and mitigate exposure to liability arising from the Hazardous Substance, in accordance with Hazardous Material Laws. For purposes of this Lease, “Known Existing Environmental Conditions” means any environmental conditions at the Property disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasolinemost recent Phase I Environmental Assessment available for the Property, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in such conditions discovered during the operation and maintenance performance of the Real PropertyImprovements, and environmental conditions at the Property known by any of the Indemnified Landlord Parties, and “Unknown Existing Environmental Conditions” means the existence, presence or release of Hazardous Substances in violation of Hazardous Materials Laws at the Property as of the Effective Date, other than the Known Existing Environmental Conditions.

Hazardous Substances. Schedule H attached hereto lists all Except as set forth in the environmental reports, audits, studies and similar documents relating to reports respecting the Real Property which are obtained by Lender in Seller’s possession and control (connection with the “Environmental Reports”)making of this Agreement, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsBorrower’s Knowledge, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the contrary set forth hereinProperty), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to Buyer that or otherwise affect the Partnership may store and use Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. To Borrower’s knowledge, except as disclosed in the reports identified on Schedule H 2 attached hereto lists all environmental reports, audits, studies and similar documents relating delivered to Lender in connection with the Real Property which are in Seller’s possession and control Loan (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, ): (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980Act, as amended, the Superfund Amendments Resource Conservation and Reauthorization Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Federal Water Pollution Control Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property (“Toxic Mold”) and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the environmentperiod prior to Borrower’s acquisition of the Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in a requirement under applicable Environmental Laws to remediate the Property; and (e) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary set forth hereinin this Section 4.21, Seller has disclosed to Buyer that Borrower and tenants may use and store ordinary amounts of Hazardous Substances at the Partnership may store Property in compliance with all applicable Environmental Laws if such use and use on storage is in connection with business supplies used by Borrower, a tenant in accordance with the Real Property reasonable quantities terms of gasoline, oil, swimming pool chemicals, pesticides, herbicides and its Lease or in connection with the ordinary cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reportsenvironmental assessment report delivered to Lender in connection with the Loan, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property ("TOXIC MOLD") or any other substances or materials which are included under or regulated by Environmental Laws (collectively, "HAZARDOUS SUBSTANCES"); (iii) to the contrary set forth hereinbest of each Borrower's knowledge, Seller has disclosed after due inquiry, no Hazardous Substances are or have been (including the period prior to Buyer that such Borrower's acquisition of the Partnership may store Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to the best of Borrowers' knowledge, no Toxic Mold is on or about the Property which requires remediation; and use (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyany Borrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Borrower's knowledge after due inquiry and control (the “Environmental Reports”)investigation, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Phase I Reports, in all material respects: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real each Individual Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super- lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) no Individual Property is subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance"HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of each Individual Property) discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from each Individual Property other than in compliance with all Environmental Laws; and (d) no Hazardous Substances other than Permitted Materials are present in, on or under any nearby real property which could migrate to or otherwise affect each Individual Property. So long as Borrower owns or is in possession of each Individual Property, Borrower (i) shall keep or cause each Individual Property to be kept free from Hazardous Substances other than Permitted Materials and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances other than Permitted Materials on or near each Individual Property and/or if Borrower shall become aware that each Individual Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near each Individual Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower shall remove or cause removal of such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be reasonably required by Lender in accordance with reasonable commercial lending standards and practices in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("LENDER'S CONSULTANT")), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that Borrower and its tenants may use and store Hazardous Substances at each Individual Property if such use or storage is in connection with the Partnership may store and use on the Real Property reasonable quantities of gasolineordinary operation, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of each Individual Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) does not violate any specific recommendations in the Real PropertyPhase I Reports. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 9.1 shall survive any termination, satisfaction, or assignment of this Agreement and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, the acquisition of each Individual Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Tenant shall not cause or permit any Hazardous Materials Substance (as hereinafter defineddefined hereinbelow) have been to be kept, maintained, used, generatedstored, stored atproduced, in or under generated or disposed of at (into the sewage or from waste disposal system or otherwise) on or in the Real Property during Premises by Tenant or Tenant's agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord's written consent. Tenant shall immediately notify, and shall direct Tenant's agents, employees, contractors, invitees, assignees and sublessees to immediately notify, Landlord of any incident in, on or about the period of Seller’s ownership except in accordance with Environmental Laws Premises or the Shopping Center (as hereinafter definedor any part thereof), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation the filing of a notice under any federal, state, local or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by quasi-governmental law (whether under common law, statute or otherwise), ordinance, decree, code, ruling, award, rule, regulation or guidance document now existing or hereafter enacted or promulgated, as they may be amended from time to time), in any way relating to or regulating any Hazardous Substance. As used herein, "Hazardous Substance" means: (i) any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the Environmental LawsState of Nevada, and or the United States government, other than any prescription medicines approved by the FDA for public sale; (ii) “Environmental Laws” shall mean any and include the Resource Conservation and Recovery Actall material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state federal or local statutegovernmental law; and (iii) asbestos, regulationpolychlorobiphenyls (i.e., ordinance, order or decree relating to health, safety or the environmentPCB's) and petroleum. Notwithstanding anything the foregoing, Landlord acknowledges that Tenant will maintain products in the Premises which are incidental to the contrary set forth hereinoperation of its business, Seller has disclosed to Buyer which products contain chemicals which are categorized as a Hazardous Substance. Landlord agrees that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning such products for use in the operation Premises in compliance with all applicable laws and maintenance in the manner in which such products are designed to be used shall not be a violation of the Real Propertythis Section.

Hazardous Substances. Schedule H attached hereto lists all Lessee [or other occupant pursuant to any agreement authorizing development of the leased substance] shall not keep on or about the premises any hazardous substances, as defined under 42 U.S.C. § 9601(14) or any other Federal environmental reportslaw, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, any regulated substance contained in or under or disposed of at or released from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedtank, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include defined by the Resource Conservation and Recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “hazardous” by applicable State law, (hereinafter, for the Comprehensive Environmental Responsepurposes of this Lease, Compensation collectively referred to as “Hazardous Substances”) unless such substances are reasonably necessary in Lessee’s operations, and Liability Act the use of 1980such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, the Superfund Amendments and Reauthorization Act of 1986governing Hazardous Substances. Lessee shall immediately notify Lessor, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actsurface management agency, and any other Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or releases of any Hazardous Substance affecting the Leased Premises, (ii) all failures to comply with any applicable Federal, state or local statutelaw, regulationregulation or ordinance governing Hazardous Substances, ordinanceas now enacted or as subsequently enacted or amended, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance (iii) all inspections of the Real PropertyLeased Premises by, or any correspondence, order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private Party concerning the Leased Premises.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsFor purposes of this Section 7, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous MaterialsSubstance” shall mean and include, but shall not be limited to, means any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected matter giving rise to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included liability under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, U.S.C. Section 9601 et seq. (including the Solid Waste Disposal Actso-called “Superfund” amendments thereto), as amendedany other applicable federal, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulationlaw, ordinance, order rule or decree relating regulation governing or pertaining to healthany hazardous substances, safety hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Hazardous Materials Laws”). Tenant shall cooperate with Landlord and permit Landlord and all Governmental Authorities reasonable access to the Property in a manner that will not unreasonably interfere with Tenant’s (or any of its occupants’) use of the Property for purposes of operating, inspecting, maintaining and monitoring any environmental controls, equipment, barriers and/or systems required by applicable Hazardous Materials Laws. Except for Known Existing Environmental Conditions to be removed and remediated pursuant to the Development Agreement (if any), if, during the Term, the existence, presence, release, placement on or in the Property or the generation, transportation, storage, treatment or disposal at the Property of any Hazardous Substance (including Unknown Existing Environmental Conditions (as hereinafter defined)) (i) gives rise to liability (including, but not limited to, a response action, remedial action or removal action) under Hazardous Materials Laws; (ii) causes a public health effect; or (iii) pollutes the environment. Notwithstanding anything , Tenant, except to the contrary set forth hereinextent such matters were caused by the Indemnified Landlord Parties (as hereinafter defined), Seller has shall promptly take any and all remedial and removal action necessary to clean up the Property and mitigate exposure to liability arising from the Hazardous Substance, in accordance with Hazardous Material Laws. For purposes of this Lease, “Known Existing Environmental Conditions” means, collectively, any environmental conditions at the Property disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasolinemost recent Phase I Environmental Assessment available for the Property, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in such conditions discovered during the operation and maintenance performance of the Real PropertyImprovements, Specified Environmental Liabilities (as hereinafter defined) and environmental conditions at the Property known by any of the Indemnified Landlord Parties, and “Unknown Existing Environmental Conditions” means the existence, presence or release of Hazardous Substances in violation of Hazardous Materials Laws at the Property as of the Effective Date, other than the Known Existing Environmental Conditions.

Hazardous Substances. Schedule H attached hereto lists all Except as expressly disclosed in any environmental reports, audits, studies report regarding the Property and similar documents relating delivered to Lender in connection with the Real Property which are in Seller’s possession and control (the “Environmental Reports”)Loan, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsBorrower’s knowledge, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, no Hazardous Substances are or have been (including the contrary set forth hereinperiod prior to Borrower’s acquisition of the Property), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Buyer that Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Partnership may store and use Property; (v) to Borrower’s knowledge, no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists The term “hazardous substances” as used in the Lease, is defined as follows: Any element, compound, mixture, solution, particle or substance, which presents danger or potential danger of damage or injury to health, welfare or to the environment including, but not limited to: (i) those substances which are inherently or potentially radioactive, explosive, ignitable, corrosive, reactive, carcinogenic or toxic and (ii) those substances which have been recognized as dangerous or potentially dangerous to health, welfare or to the environment by any federal, municipal, state, county or other governmental or quasi-governmental authority and/or any department or agency thereof. Tenant represents and warrants to Landlord and agrees that at all environmental reportstimes during the term of this Lease and any extensions or renewals thereof, auditsTenant shall: (i) promptly comply at Tenant’s sole cost and expense, studies and similar documents with all laws, orders, rules, regulations, certificates of occupancy, or other requirements, as the same now exist or may hereafter be enacted, amended or promulgated, of any federal, municipal, state, county or other governmental or quasi-governmental authorities and/or any department or agency thereof relating to the Real Property which are in Seller’s possession and control manufacturing, processing, distributing, using, producing, treating, storing (above or below ground level), disposing or allowing to be present (the “Environmental ReportsActivity”) of hazardous substances in or about the Premises (each, an “Environmental Law”, and all of them, “Environmental Laws”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or extent Tenant is responsible for the presence or release of Hazardous Materials on or such hazardous substances. (ii) indemnify and hold Landlord, its agents and employees, harmless from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substancesdemands, wastes or substancesclaims, any substances which because causes of their quantitiesaction, concentrationpenalties, chemical or active flammableliabilities, explosivejudgments, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, damages (including consequential damages) and expenses including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord as a result of (a) Tenant’s failure or delay in properly complying with any Environmental Law as required by item (i) above, or (b) any adverse effect which results from the Environmental Activity, whether Tenant or Tenant’s subtenants or any of their respective agents, employees, contractors or invitees, with or without Tenant’s consent has caused, either intentionally or unintentionally, such Environmental Activity. If any action or proceeding is brought against Landlord, its agents or employees by reason of any such claim, Tenant, upon notice from Landlord, will defend such claim at Tenant’s expense with counsel reasonably satisfactory to Landlord. This indemnity obligation by Tenant of Landlord will survive the expiration or earlier termination of this Lease. (iii) promptly disclose to Landlord by delivering, in the manner prescribed for delivery of notice in this Lease, a copy of any forms, submissions, notices, reports, or other written documentation (each, a “Communication”) relating to any Environmental Activity, whether any such Communication is delivered to Tenant or any of its subtenants or is requested of Tenant or any of its subtenants by any federal, municipal, state, county or other government or quasi-governmental authority and/or any department or agency thereof. (iv) in the event there is a release of any hazardous substance as a result of or toxic waste in connection with any Environmental Activity by Tenant or substances any of Tenant’s subtenants or any of their respective agents, employees, contractors or invitees, which are included must be remediated under any Environmental Law, Landlord shall perform the necessary remediation; and Tenant shall reimburse Landlord for all costs thereby incurred within fifteen (15) days after delivery of a written demand therefor from Landlord (which shall be accompanied by reasonable substantiation of such costs). In the alternative, Landlord shall have the right to require Tenant, at its sole cost and expense, to perform the necessary remediation in accordance with a detailed plan of remediation which shall have been approved in advance in writing by Landlord. Landlord shall give notice to Tenant within thirty (30) days after Landlord receives notice or regulated by obtains knowledge of the required remediation. The rights and obligations of Landlord and Tenant set forth in this subparagraph (whether now existing iv) shall survive the expiration or hereafter enacted or promulgatedearlier termination of this Lease. (v) notwithstanding any other provisions of this Lease, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actallow Landlord, and any state authorized representative of Landlord, access and the right to enter and inspect the Premises for Environmental Activity, at any time deemed reasonable by Landlord, without prior notice to Tenant. Compliance by Tenant with any provision of this Section 7.5 shall not be deemed a waiver of any other provision of this Lease. Without limiting the foregoing, ▇▇▇▇▇▇▇▇’s consent to any Environmental Activity shall not relieve Tenant of its indemnity obligations under the terms hereof. Landlord represents and warrants to Tenant that as of the date of this Lease Landlord has no actual knowledge of the presence of any hazardous substance in the Building in violation of any applicable Environmental Law, rules or local statuteordinances, regulationexcept as described in the Phase I and Phase II hazardous materials reports prepared by Geomatrix and delivered by Landlord to Tenant before the execution of this Lease. Landlord shall promptly disclose to Tenant by delivering, ordinancein the manner prescribed for delivery of notice in this Lease, order or decree a copy of any material Communication relating to healthany Environmental Activity from any federal, safety municipal, state, county or the environment. Notwithstanding anything other government or quasi-governmental authority and/or any department or agency thereof to the contrary set forth herein, Seller has disclosed extent such notice is required by Environmental Laws. Landlord shall comply with all Environmental Laws applicable to Buyer that the Partnership may store and use on Building to the Real Property reasonable quantities extent such compliance is required of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance Landlord as owner of the Real PropertyBuilding.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBuffalo China hereby represents and warrants to Mortgagee that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Buffalo China's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except investigation except as otherwise disclosed in the Environmental Reports, on Exhibit B annexed hereto: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, New York's Navigation Law, and any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or local statutecoming into being and/or effectiveness hereafter (collectively, regulation"Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, ordinance, order investigation or decree claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Buffalo China's acquisition of the Mortgaged Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (e) no underground storage tanks exist on any of the Mortgaged Property. So long as Buffalo China owns any interest in or is in possession of the Mortgaged Property, Buffalo China (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Buffalo China shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Buffalo China shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Buffalo China shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Buffalo China shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Buffalo China in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Buffalo China becomes aware of same, at Buffalo China's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership may store and use Buffalo China and/or tenants on the Real Mortgaged Property reasonable quantities may use and store immaterial amounts of gasoline, oil, swimming pool chemicals, pesticides, herbicides and Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning products for use in the operation and maintenance of the Real PropertyMortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Buffalo China from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Buffalo China under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Except as may be disclosed in any environmental report and related information (the "Report," as listed on Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating C) delivered by Seller to Purchasers prior to the Real date hereof, to Seller's Knowledge, the Property which are is free of any "hazardous substance" (as that term is defined in Seller’s possession the Comprehensive Environmental Response, Compensation, and control (Liability Act, and the “Environmental Reports”rules and regulations promulgated pursuant thereto, as from time to time amended and any other applicable federal, state or local law, collectively "laws"), contaminant, oil, radioactive or other materials the removal of which is required or the maintenance of which is prohibited by any local, state or federal agency, authority or governmental unit (such hazardous substances the removal of which is required and/or the maintenance of which is prohibited being hereinafter referred to as "Dangerous Substances"). Seller does not now, nor has it or any of its affiliated entities ever disposed of any Dangerous Substances on the Property and, except as disclosed in the Report, to Seller's Knowledge, the Property was never used for such purpose, and Seller has delivered a true and correct copy the Property contains no Dangerous Substances in violation of each such report to Buyerapplicable laws. Except as otherwise disclosed in the Environmental ReportsReport, (a) no Hazardous Materials (as hereinafter defined) have been usedto Seller's Knowledge, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property in violation of applicable laws. Neither Seller nor any current tenant nor occupant of the Property has dumped or landfilled any garbage or refuse on the Property, and to Seller's Knowledge the Property was never used for such purpose. As used hereinExcept as may be shown on surveys of the Property delivered to Purchasers at Closing, to Seller's Knowledge, the term Property is not located within an area that has been designated by the Federal Insurance Administration, the Army Corps of Engineers, or any other governmental agency or body as being subject to special flood areas. Seller hereby indemnifies and holds Purchasers harmless for and against any loss, liability, claim or expense (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, cleanup, engineering and attorney's fees and expenses and court costs) that Purchasers may incur by reason of (i) the Property containing any hazardous Dangerous Substances on or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time prior to time), the Environmental Laws, Closing Date and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use representation contained in the operation and maintenance of the Real Propertythis subsection being false.

Hazardous Substances. Schedule H attached hereto lists all Lessee [or other occupant pursuant to any agreement authorizing development of the leased substance] shall not keep on or about the premises any hazardous substances, as defined under 42 U.S.C. § 9601(14) or any other Federal environmental reportslaw, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, any regulated substance contained in or under or disposed of at or released from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedtank, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include defined by the Resource Conservation and Recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “Hazardous” by applicable State law, (hereinafter, for the Comprehensive Environmental Responsepurposes of this Lease, Compensation collectively referred to as “Hazardous Substances”) unless such substances are reasonably necessary in Lessee’s operations, and Liability Act the use of 1980such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, the Superfund Amendments and Reauthorization Act of 1986governing Hazardous Substances. Lessee shall immediately notify Lessor, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actsurface management agency, and any other Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or releases of any Hazardous Substance affecting the Leased Premises, (ii) all failures to comply with any applicable Federal, state or local statutelaw, regulationregulation or ordinance governing Hazardous Substances, ordinanceas now enacted or as subsequently enacted or amended, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance (iii) all inspections of the Real PropertyLeased Premises by, or any correspondence, order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private Party concerning the Leased Premises.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies The Borrower warrants and similar documents relating represents to the Real Property which are Administrative Agent, Issuing Bank and the Banks that to the best of their knowledge and belief and based on environmental assessments of the Inventory commissioned by the Borrower, except to the extent disclosed to the Administrative Agent in Seller’s possession environmental assessments or other writings or to the extent that it would not materially and control (adversely affect the “Environmental Reports”)use and marketability of any Inventory, the Inventory has not been and is not now being used in violation of any federal, state or local environmental law, ordinance or regulation, that no proceedings have been commenced, or notice(s) received, concerning any alleged violation of any such environmental law, ordinance or regulation, and Seller has delivered a true and correct copy that the Inventory is free of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances and wastes, contaminants, oil, radioactive or other materials the removal of which is required or the maintenance of which is restricted, prohibited or penalized by any federal, state or local agency, authority or governmental unit except as set forth in the site assessments. The Borrower covenants that it shall neither permit any such materials to be brought on to the Inventory, nor shall it acquire real property to be added to the Loan Inventory upon which any such materials exist, except to the extent disclosed to the Administrative Agent in environmental assessments or other writings or to the extent that it would not materially and adversely affect the use and marketability of any Inventory; and if such materials are so brought or found located thereon, such materials shall be immediately removed, with proper disposal, to the extent required by applicable environmental laws, ordinances and regulations, and all required environmental cleanup procedures shall be diligently undertaken pursuant to all such laws, ordinances and regulations. The Borrower further represents and warrants that the Borrower will promptly transmit to the Administrative Agent and the Banks copies of any citations, orders, notices or other material governmental or other communications received with respect to any hazardous materials, substances, wastes or other environmentally regulated substances affecting the Inventory. Notwithstanding the foregoing, there shall not be a default of this provision should the Borrower store or use minimal quantities of the aforesaid materials, provided that: such substances are of a type and are held only in a quantity normally used in connection with the construction, occupancy or operation of comparable buildings or residential developments (such as cleaning fluids and supplies normally used in the day to day operation of residential developments), such substances are being held, stored and used in complete and strict compliance with all applicable laws, regulations, ordinances and requirements, and the indemnity set forth below shall always apply to such substances, any substances which because and it shall continue to be the responsibility of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected the Borrower to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included take all remedial actions required under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in accordance with this Agreement in the operation and maintenance event of the Real Propertyany unlawful release of any such substance.

Hazardous Substances. Schedule H attached hereto lists all Each of the Contributing Parties represents, to its, his or her Actual Knowledge, that (x) as of the date hereof and (y) except as set forth in the environmental reports, audits, studies audit reports provided to BNP by the Contributing Parties and similar documents relating to in the Real environmental assessments of the Property which are in Seller’s possession and control conducted on behalf of BNP (the “"Environmental Reports”Assessments"), and Seller has delivered a true and correct copy as of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsClosing Date, (a) no Hazardous Materials (as hereinafter defined) the Contributing Parties have been used, not generated, stored atstored, in or under released, discharged or disposed of at hazardous substances or hazardous wastes at, upon or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, of any Environmental Law, order, judgment or decree or permit, or in connection with which remedial action would be required under any Environmental Law, order, judgment, decree or permit. To the Actual Knowledge of each of the Contributing Parties, (cx) neither Seller nor as of the Partnership has received any notice date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no hazardous substances or hazardous wastes have otherwise been generated, stored, released, discharged or disposed of from, at or upon the Property in violation of any violation Environmental Law. To the Actual Knowledge of Environmental Laws or each of the presence or release Contributing Parties, (x) as of Hazardous Materials on or from the Real Property, date hereof and (dy) there are except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no underground storage tanks are located on the Real Property. As used hereinin this Agreement, the term (i) “Hazardous Materials” terms "hazardous substances" and "hazardous wastes" shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to have the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the regulations thereunder, and the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radioactive materials and any state regulated substances under any Environmental Law, regulation or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. 4.9.1 Except as otherwise disclosed set forth in the Environmental Reports, Exhibit G-6: (a) no Hazardous Materials (as hereinafter defined) have been usedBorrower, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from respect to the Real Property, is not and has not in the past been in violation of any Hazardous Substance Law which violation could reasonably be expected (i) to result in a material liability to, or material Environmental Claims against, Borrower or its properties and assets, (ii) to result in an inability of Borrower to perform its obligations under the Operative Documents in any material respect, (iii) to materially interfere with the continuing operation of the Project, or (iv) to materially impair the fair market value of the Mortgaged Property; (b) neither Borrower nor, to Borrower’s knowledge, any other Person has used, Released, threatened to Release, generated, manufactured, produced or stored in, on, under, or about the Real Property, or transported thereto or therefrom, any Hazardous Substances that could reasonably be expected to subject Borrower to material liability under any Hazardous Substance Law; (c) there are no underground storage tanks, whether operative or temporarily or permanently closed, located on the Real Property in a manner that could reasonably be expected to result in material liability to Borrower under Hazardous Substance Law; and (d) there are no underground storage tanks located Hazardous Substances used, stored or present at or on the Real Property. As used hereinProject Site, except in compliance with Hazardous Substance Laws and other Legal Requirements, in a manner that could result in material liability to Borrower under Hazardous Substance Law. 4.9.2 Except as set forth on Exhibit G-5 or Exhibit G-6, with respect to the term Project Site, (ia) “there is no action, suit or proceeding under any Hazardous Materials” shall mean and include, but shall Substance Law pending or threatened in writing by any Governmental Authority or any other Person which is not a Governmental Authority to which Borrower is or will be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances named as a party which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may could reasonably be expected to constitute or contribute to, result in a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the material Environmental LawsClaim against Borrower, and (iib) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Actthere is no consent or other decree, the Comprehensive Environmental Responseconsent order, Compensation and Liability Act of 1980administrative or other order, or other administrative or judicial requirements outstanding under any Hazardous Substance Law. 4.9.3 Except as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth hereinon Exhibit G-6, Seller has disclosed there are no past violations existing or asserted at the Project Site under Hazardous Substance Laws that have not been finally resolved or existing violations of any Hazardous Substances Laws at the Project Site that could reasonably be expected to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use result in the operation and maintenance of the Real Propertyan Environmental Claim against Borrower.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsLandlord hereby notifies Tenant, auditsand Tenant -------------------- hereby acknowledges that, studies and similar documents relating prior to the Real Property which are in Seller’s possession leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and control Safety Code Section 25359.7 (the “Environmental Reports”or any successor statue), and Seller that Landlord knows, or has delivered a true and correct copy of each such report reasonable cause to Buyer. Except as otherwise disclosed in the Environmental Reportsbelieve, (a) no Hazardous Materials that certain hazardous substances (as hereinafter defined) have been used, generated, stored at, such term is used in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter definedsuch Section 25359.7), (b) no Hazardous Materials are present atsuch as common cleaning supplies, in or under the Real Property at levels or in quantities in violation ofoffice supplies, or that would require investigation or cleanup underspillage of petroleum products from motor vehicles, any Environmental Lawand other consumer products, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials may have come to be located on or from beneath the Real PropertyPremises and/or the Project. Tenant hereby agrees to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (d) there are no underground storage tanks located on except to the Real Property. As used hereinextent they arise as a result of Landlord's grossly negligent acts or willful misconduct), the term arising from or relating to: (i) “any discharges, releases, or threatened releases of any Hazardous Materials” shall mean and includeMaterial (as defined below) into ambient air, but shall not be limited towater, any petroleum product and all or land by Tenant or Tenant's Invitee's, or otherwise from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, wastes or substancesmaterials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any substances which because of their quantitiesenvironmental law by Tenant or Tenant's Invitees on, concentrationunder, chemical or active flammableabove the Premises (for purposes hereof, explosive"environmental laws" shall mean any Federal, infectious State, or other characteristicslocal law, constitute statute, regulation, ordinance, guideline, or may reasonably be expected to constitute or contribute to, a danger or hazard common law principle relating to public health, health or safety or welfare the use or to control of the environment, including, including without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), limitation the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedthe ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇ Hazardous Substance Account Act, the Superfund Amendments and Reauthorization Act of 1986California Hazardous Waste Control Law, the Federal Water Pollution Control Clean Air Act, the Solid Waste Disposal California Air Resources Act, as amended, the Federal Clean Water Act, the Federal Clean Air California ▇▇▇▇▇▇-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California ▇▇▇▇▇▇▇-Z'▇▇▇▇-▇▇▇▇▇ Solid Waste Management and Recovery Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store California Health and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertySafety Code Section 25359.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsTrustor hereby represents and warrants to Beneficiary that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Trustor's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except investigation except as otherwise disclosed in the report dated December 19, 1997, prepared by KTR Environmental ReportsServices, Inc. (the "PHASE I REPORT") and delivered to Beneficiary in connection with the Loan: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Trust Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance"HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Trustor's acquisition of the Trust Property) discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Trustor owns or is in possession of the Trust Property, Trustor (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Beneficiary if Trustor shall become aware of any Hazardous Substances on or near the Trust Property and/or if Trustor shall become aware that the Trust Property is in direct or indirect violation of any Environmental Laws and/or if Trustor shall become aware of any condition on or near the Trust Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Trustor shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Beneficiary in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Beneficiary ("BENEFICIARY'S CONSULTANT")), promptly after Trustor becomes aware of same, at Trustor's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership Trustor may use and store and immaterial amounts of Hazardous Substances at the Trust Property if such use on or storage is in connection with the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and ordinary cleaning products for use in the operation and maintenance of the Real PropertyTrust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Trustor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Trustor under this Paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Beneficiary of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Trust Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Borrower's knowledge, after due inquiry and control (the “Environmental Reports”)investigation, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Reports, environmental audits of the Mortgaged Property furnished to Lender in connection with the Loan: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated, substances, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the environmentMortgaged Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. Notwithstanding anything So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable be kept free from Hazardous Substances (other than de minimis quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides Hazardous Substances that are necessary and cleaning products for use lawfully used in the operation and maintenance of the Real Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section which relate to conditions created or arising during Borrower's ownership of the Mortgaged Property and prior to Lender's taking possession of the Mortgaged Property shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Except as may be disclosed in any environmental report and related information (the "Report," as listed on Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating C) delivered by Seller to Purchaser prior to the Real date hereof, to Seller's Knowledge, the Property which are is free of any "hazardous substance" (as that term is defined in Seller’s possession the Comprehensive Environmental Response, Compensation, and control (Liability Act, and the “Environmental Reports”rules and regulations promulgated pursuant thereto, as from time to time amended and any other applicable federal, state or local law, collectively "laws"), contaminant, oil, radioactive or other materials the removal of which is required or the maintenance of which is prohibited by any local, state or federal agency, authority or governmental unit (such hazardous substances the removal of which is required and/or the maintenance of which is prohibited being hereinafter referred to as "Dangerous Substances"). Seller does not now, nor has it or any of its affiliated entities ever disposed of any Dangerous Substances on the Property and, except as disclosed in the Report, to Seller's Knowledge, the Property was never used for such purpose, and Seller has delivered a true and correct copy the Property contains no Dangerous Substances in violation of each such report to Buyerapplicable laws. Except as otherwise disclosed in the Environmental ReportsReport, (a) no Hazardous Materials (as hereinafter defined) have been usedto Seller's Knowledge, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property in violation of applicable laws. Neither Seller nor any current tenant nor occupant of the Property has dumped or landfilled any garbage or refuse on the Property, and to Seller's Knowledge the Property was never used for such purpose. As used hereinExcept as may be shown on surveys of the Property delivered to Purchaser at Closing, to Seller's Knowledge, the term Property is not located within an area that has been designated by the Federal Insurance Administration, the Army Corps of Engineers, or any other governmental agency or body as being subject to special flood areas. Seller hereby indemnifies and holds Purchaser harmless for and against any loss, liability, claim or expense (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, cleanup, engineering and attorney's fees and expenses and court costs) that Purchaser may incur by reason of (i) the Property containing any hazardous Dangerous Substances on or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time prior to time), the Environmental Laws, Closing Date and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use representation contained in the operation and maintenance of the Real Propertythis subsection being false.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy best of each such report to Buyer. Except Borrower's knowledge after due inquiry, except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from written environmental reports delivered to Lender prior to the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term date hereof: (i) “Hazardous Materials” shall mean no Collateral Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (ii) no Collateral Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, "Hazardous Substances"); (iii) no Hazardous Substances are or have been (including the environment. Notwithstanding anything period prior to the contrary set forth hereinacquisition of any Collateral Property by the Borrower that owns it), Seller has disclosed discharged, generated, treated, stored on, incorporated in, or removed from any Collateral Property other than in compliance with all Environmental Laws; (iv) except for Routine Hazardous Substances, no Hazardous Substances are or have been (including the period prior to Buyer the acquisition of any Collateral Property by the Borrower that the Partnership may store owns it), disposed of or transported from any Collateral Property other than in compliance with all Environmental Laws; (v) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect any Collateral Property; and use (vi) no underground storage tanks exist on the Real Property reasonable quantities any Collateral Property. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyany Borrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed described on Schedule 9.10, to Borrower’s knowledge: (i) no investigations, inquiries, orders, hearings, actions or other proceedings by or before any Governmental Authority are, as of the Closing Date, pending or threatened in the connection with any Environmental Reports, Activity or alleged Environmental Activity; (aii) no Hazardous Materials (as hereinafter defined) Substances have been used, generated, stored at, integrated into any of Borrower’s Facilities in such manner or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances quantity which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may could reasonably be expected to constitute or contribute toin fact does: (a) violate any applicable Environmental Requirement as of the Closing Date or (b) materially and adversely affect the value of any of Borrower’s Facilities as of the Closing Date; (iii) the use of Borrower’s Facilities does not result in any Environmental Activity in violation of any applicable Environmental Requirements as of the Closing Date; (iv) no occurrence or condition on any real property adjoining or in the vicinity of any of Borrower’s Facilities exists which could reasonably be expected to cause any of Borrower’s Facilities to be subject to any restrictions on ownership, a danger occupancy, transferability or hazard operation under any Environmental Requirements as of the Closing Date; (v) none of Borrower’s Facilities, prior to public healthwhen Borrower has owned or leased them, safety has been used for the disposal of Hazardous Substances or welfare was the site of any Release of Hazardous Substances, in each case, in violation of any Environmental Requirements and such violation existed as of the Closing Date; (vi) none of Borrower’s business operations have contaminated the lands, waters or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedother property of others, as they may be amended from time to time)of the Closing Date, with Hazardous Substances except in compliance with applicable Environmental Requirements; (vii) no underground or above ground storage tank (regardless of contents) has been in the Environmental Lawspast, or, as of the Closing Date, is, located on, at or beneath any of Borrower’s Facilities; and (iiviii) “none of Borrower’s Facilities since Borrower has owned or leased them has been used by Borrower for the production, treatment, storage, generation, disposal or Release of any Hazardous Substance other than in accordance with applicable Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Requirements as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyClosing Date.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean The Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning O environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property ("Toxic Mold") or any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (iii) to the contrary set forth hereinbest of Borrower's knowledge, Seller has disclosed after due inquiry, no Hazardous Substances are or have been (including the period prior to Buyer that Borrower's acquisition of the Partnership may store and use Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to the best of Borrower's knowledge, after due inquiry, no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted O by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsOneida hereby represents and warrants to Mortgagee that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Oneida's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except investigation except as otherwise disclosed in the Environmental Reports, on Exhibit B annexed hereto: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, New York's Navigation Law, and any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or local statutecoming into being and/or effectiveness hereafter (collectively, regulation"Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, ordinance, order investigation or decree claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Oneida's acquisition of the Mortgaged Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (e) no underground storage tanks exist on any of the Mortgaged Property. So long as Oneida owns any interest in or is in possession of the Mortgaged Property, Oneida (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Oneida shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Oneida shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Oneida shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Oneida shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Oneida in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Oneida becomes aware of same, at Oneida's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership may store and use Oneida and/or tenants on the Real Mortgaged Property reasonable quantities may use and store immaterial amounts of gasoline, oil, swimming pool chemicals, pesticides, herbicides and Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning products for use in the operation and maintenance of the Real PropertyMortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Oneida from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Oneida under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. i) Except as otherwise disclosed set forth in the Environmental Reports, (a) no Hazardous Materials Reports (as hereinafter defined) have been used, generated, stored at, defined in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter definedIndemnity being executed contemporaneously herewith), (b) no Hazardous Materials are present atto Borrower’s knowledge, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Laws or the presence or release of Hazardous Materials on or from the Real PropertyResponse, Compensation and (d) there are no underground storage tanks located on the Real Property. As used hereinLiability Act, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to Borrower’s knowledge, the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, based solely upon the contrary set forth hereinPhase I prepared for Lender as directed by Borrower, Seller has disclosed no Hazardous Substances are or have been (including the period prior to Buyer that Borrower’s acquisition of the Partnership may store and use Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, based solely upon the Phase I prepared for Lender as directed by Borrower, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to Borrower’s knowledge, after due inquiry, no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous MaterialsSubstance” shall mean and include, but shall not be limited to, any petroleum product and all hazardous element, substance, compound, mixture, waste, material, pollutant or toxic substancescontaminant (including, wastes or substanceswithout limitation, asbestos, any substances which because of their quantitiespetroleum or petroleum derived waste or products, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or and raw materials that include hazardous constituents); to the environmentextent the foregoing items are included under or regulated by any federal, state or local law, rule or regulation pertaining to environmental matters, as now or hereafter enacted or amended, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, ; the Federal Resource Conservation and Recovery Act; the Federal Superfund Amendments and Reauthorization Act of 1986, ; the Federal Toxic Substances Control Act; the Federal Hazardous Material Transportation Act; the Federal Clean Air Act; the Federal Water Pollution Control Act; together with any other federal, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statutesuperlien or other statutes, regulationrules or regulations, ordinanceas now or hereafter amended in any way pertaining to clean-up; disclosure; water pollution control; air pollution control; regulation of solid waste; hazardous waste management; storage tanks; regulation of environmentally sensitive areas; regulation of drinking water; use of ground water, order surface waters and wetlands; hazardous and toxic substance reporting; environmental preservation or decree relating control; indoor air quality issues, including asbestos, radon and tobacco smoke; and any other laws, including case law, which might be deemed or referred to healthas environmental common law (all such laws, safety rules and regulations being referred to collectively as “Environmental Laws”) and any other substances now or hereafter deemed hazardous or toxic, including but not limited to, mold and other contaminants, regardless of whether the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertysame are regulated under any Environmental Laws.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the contrary set forth hereinProperty), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to Buyer that or otherwise affect the Partnership may store and use Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides Borrower or any Guarantor and cleaning products for use in the operation and maintenance of the Real Propertywithin Borrower’s or any Guarantor’s possession which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to Except for the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise information disclosed in the Environmental ReportsSite Assessment, (a) no Hazardous Materials (as hereinafter defined) have been usedto Borrower’s knowledge, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Laws or the presence or release of Hazardous Materials on or from the Real PropertyResponse, Compensation and (d) there are no underground storage tanks located on the Real Property. As used hereinLiability Act, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or local statutegovernmental Lien or, regulationto Borrower’s knowledge, ordinancejudicial or administrative notice or action or inquiry, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that could reasonably be expected to pose a risk to human health or the environmentenvironment or would materially adversely impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (c) to Borrower’s knowledge, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) to Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could reasonably be expected to migrate to or otherwise affect the Property; (e) to Borrower’s knowledge, no Toxic Mold is on or about the Property which requires remediation; (f) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (g) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower or which are in Borrower’s possession which have not been provided to Lender. Notwithstanding anything to Without limiting the contrary set forth hereingenerality of the foregoing, Seller has disclosed to Buyer Lender acknowledges that the Partnership may store Property consists of a portion of real property commonly known as the Midvale Slag Superfund Site and use on that the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides Institutional Controls and cleaning products for use in Restrictions include procedures and requirements intended to prevent human exposure to Hazardous Substances that remain at the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise expressly disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, environmental reports provided to Lender in or under or disposed connection with the closing of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term Loan: (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state or super-lien and environmental clean-up statutes, any local statutelaw requiring related permits and licenses, regulation, ordinance, order or decree any common law relating to healthToxic Mold or other Hazardous Substances, safety and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or the environment. Notwithstanding anything governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, including Toxic Mold, or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the contrary set forth hereinbest of Borrower’s knowledge, Seller has disclosed after due inquiry, no Hazardous Substances, other than substances of kinds and in amounts ordinarily and customarily used or stored in similar properties for the purposes of cleaning or other maintenance or operations by tenants in the ordinary course of each such tenant’s business in compliance with all Environmental Laws, are or have been (including the period prior to Buyer that Borrower’s acquisition of the Partnership may store and use Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports(a) The Lessee represents and warrants to the Lessor that the Building, auditsthe Parking Area, studies the Trailer Storage Area, the Access Area and similar documents relating to the Real Property which shall be kept free from contamination by or from any hazardous substances or hazardous waste (as such terms are defined and/or used in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed applicable state or federal law or in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, regulations issued thereunder including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980Act) released by Lessee, as amendedits agents, employees or contractors. The Lessee also agrees that it will not store, utilize or engage in operations at or within the Building, the Superfund Amendments and Reauthorization Act of 1986Parking Area, the Federal Water Pollution Control ActTrailer Storage Area, the Solid Waste Disposal Act, as amendedAccess Area and the Real Property or affecting the Building, the Federal Clean Water ActParking Area, the Federal Clean Air ActTrailer Storage Area, the Toxic Substances Control ActAccess Area and the Real Property which involve the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of hazardous substances or hazardous waste, medical waste or medical waste products or environmentally deleterious material; provided, however, the Lessee may use and store limited quantities of those hazardous materials as are routinely used in (i) office operations, and/or (ii) warehouse and distribution center operations with respect to the warehousing and distribution of household products and consumer good products for sale to the general public provided the Lessee will at all times, at Lessee's cost and expense, comply with and conform to all laws, statutes, ordinances, rules, regulations, notices and orders of all governmental and regulating authorities or any board of fire underwriters, or any insurance organization or company with respect to the handling, storage, use and treatment of any hazardous substances or waste on or which affect the Building, the Parking Area, the Trailer Storage Area, the Access Area and the Real Property used, stored or released by the Lessee, its agents, employees or contractors. The Lessee shall not cause or permit to exist as a result of an intentional or unintentional action or omission on its part or on the part of any of the Lessee's agents of releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping from, on or about the Building or the Real Property of any such hazardous substances or waste. (b) The Lessee shall indemnify, defend and hold harmless, the Lessor, its successors and assigns, any officer, director, shareholder, employee or any agent of Lessor from any and all liability, damages, costs, claims, suits, actions, legal or administrative proceedings, interests, losses, expenses, and attorney's fees and appellate attorneys' fees (including any state such fees and expenses incurred in enforcing this indemnity) resulting from or local statutearising out of, regulationor in any way connected with, ordinanceinjury to, order or decree relating to health, safety or the environmentdeath of, any person (including any indemnified party) or damage to property of any kind wherever located and by whomever owned (including that of any indemnified party) or otherwise arising out of, or in any way 17 connected with, the presence on, in or under the Building, the Parking Area, the Trailer Storage Area, the Access Area and the Real Property of any hazardous substances or hazardous waste; provided, however, that it must be shown that such hazardous substance or hazardous waste were introduced in, to or under the Building, the Parking Area, the Trailer Storage Area, the Access Area and the Real Property by the Lessee, or its employees, contractors, agents, invitees, guests, or its successors, assigns or sublessees, if any. Notwithstanding anything This indemnification is an independent covenant and shall survive the expiration or earlier termination of this Lease. Lessee will not be liable in any way for any environmental contamination occurring prior to the contrary set forth hereinPhase I Commencement Date or resulting from acts or omissions that took place prior thereto unless caused by the acts or omissions of the Lessee. (c) Based solely upon those two (2) certain Phase I Environmental Site Assessments, Seller has disclosed both prepared by Synergist, Inc., one dated January 13, 1997 and the other dated February 12, 1999 (collectively, the "Phase I Assessment"), the Lessor represents and warrants to Buyer the Lessee that the Partnership may store and use Lessor has no knowledge of the existence in the Building or on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use any contamination by or from any hazardous substances or hazardous waste (as such terms are defined and/or used in applicable state or federal law or in the operation and maintenance of regulations issued thereunder including, without limitation, the Real Property.Federal Comprehensive Environmental Response,

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed Without limiting any disclosures made in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term Report: (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time)Borrower’s knowledge, the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental LawsResponse, Compensation and (ii) “Environmental Laws” shall mean and include Liability Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, to the extent relating to Hazardous Substances, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses related to Hazardous Substances and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to Borrower’s knowledge, the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulationproceeding, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, no Hazardous Substances are or have been (including the contrary set forth hereinperiod prior to Borrower’s acquisition of the Property), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Buyer that Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Partnership may store and use Property; (v) to Borrower’s knowledge, no Toxic Mold is on or about the Property at concentrations exceeding ambient air levels for which any Environmental Laws require removal thereof by remediation professionals; (vi) to Borrower’s knowledge, no underground storage tanks or underground storage receptacles exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use any Borrower Party or which are in the operation and maintenance of the Real Propertyany Borrower Party’s possession which have not been provided or made available to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating 4.10.1 Except as set forth in Exhibit G-5: After giving effect to the Real Property which are in Sellerenvironmental indemnity provided by Dow under Section 17.2.2 of the FEC Ground Lease and Dow’s possession and control (curative actions performed under Section 17.3.2 of the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsFEC Ground Lease, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored atProject Company has received, in the past five years, any written notice from any Governmental Authority that, with respect to the Sites, Improvements, other FEC Mortgaged Property or other MEC Mortgaged Property, it is or has in the past been in violation of any Hazardous Substance Law which violation could reasonably be expected to result in a material liability to any Borrower Party or its properties and assets under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined)any Hazardous Substance Law, (b) no Hazardous Materials are present atProject Company or, in to Borrower’s knowledge, any other Person has used, Released, generated, manufactured, produced or under the Real Property at levels or in quantities in violation ofstored in, on, under, or that would require investigation about the Sites, Improvements, other FEC Mortgaged Property or cleanup underother MEC Mortgaged Property, or transported thereto or therefrom, any Environmental Hazardous Substances that could reasonably be expected to subject any Secured Party or any Borrower Party to material liability under any Hazardous Substance Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertyto Borrower’s knowledge, and (d) there are no underground storage tanks tanks, whether operative or temporarily or permanently closed, located on the Real Property. As used hereinSites, the term (i) “Hazardous Materials” shall mean and includeImprovements, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious other FEC Mortgaged Property or other characteristics, constitute or may MEC Mortgaged Property that could reasonably be expected to constitute subject any Secured Party or contribute toBorrower to material liability under any Hazardous Substances Laws, (d) no Project Company is conducting or funding any investigation, remediation, remedial action or cleanup of any Hazardous Substance, and (e) there is no condition, circumstance, action, activity or event that could reasonably be expected to be, or result in, a danger material violation by any Borrower Party of any Hazardous Substance Law, which violation could reasonably be expected to result in material liability to any Borrower Party under any Hazardous Substance Law. 4.10.2 Except as set forth on Exhibit G-4 or hazard Exhibit G-5 and after giving effect to public healththe environmental indemnity provided by Dow under Section 17.2.2 of the FEC Ground Lease and Dow’s curative actions performed under Section 17.3.2 of the FEC Ground Lease, safety (a) as of the Restatement Date, there is no pending or, to Borrower’s knowledge, threatened in writing, action or welfare proceeding by any Governmental Authority (including the Minnesota Public Utilities Commission, Blue Earth County, Minnesota, Brazoria County, Texas, U.S. Army Corps of Engineers and U.S. Environmental Protection Agency) or any other Person which is not a Governmental Authority with respect to the presence or Release of Hazardous Substances in, on, from or to the environmentSites, includingImprovements, without limitationother FEC Mortgaged Property or other MEC Mortgaged Property, in each case that could reasonably give rise to a material liability under any hazardous Hazardous Substance Law, and, (b) thereafter, there is no pending or, to Borrower’s knowledge, threatened in writing, action or toxic waste proceeding by any Governmental Authority (including the Minnesota Public Utilities Commission, Blue Earth County, Minnesota, Brazoria County, Texas, U.S. Army Corps of Engineers and U.S. Environmental Protection Agency) or substances any non-governmental third party with respect to the presence or Release of Hazardous Substances in, on, from or to the Sites, Improvements, other FEC Mortgaged Property or other MEC Mortgaged Property which are included under or regulated by (whether now existing or hereafter enacted or promulgated, could reasonably be expected to have a Material Adverse Effect. 4.10.3 Except as they may be amended from time to time), set forth in the Environmental Laws, Reports and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything after giving effect to the contrary set forth hereinenvironmental indemnity provided by Dow under Section 17.2.2 of the FEC Ground Lease and Dow’s curative actions performed under Section 17.3.2 of the FEC Ground Lease, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasolineBorrower’s knowledge, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance past five years there have been no violations that have not been finally resolved of any Hazardous Substances Laws by any Person affecting the Real Sites, Improvements, other FEC Mortgaged Property or other MEC Mortgaged Property, which violations could reasonably be expected to result in a material liability to any Borrower Party.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsLessee acknowledges that Lessor may incur costs (A) for complying with laws, auditscodes, studies and similar documents regulations or ordinances relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation ofSubstance, or that would require investigation or cleanup under, any Environmental Law, (cB) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of otherwise in connection with Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environmentSubstance, including, without limitation, the following: (i) Hazardous Substance present in soil or ground water; (ii) Hazardous Substance that migrates, flows, percolates, diffuses or in any way moves onto or under the real property on which the Premises is located (“Real Property”); (iii) Hazardous Substance present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other tenants of the Real Property or their agents, employees, contractors or invitees, or by others; and (iv) material which becomes Hazardous Substance due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic waste material, substances or substances which are included under waste. Lessee agrees, except as provided below, that the costs incurred by Lessor with respect to, or regulated by (whether now existing in connection with, complying with laws, codes, regulations or hereafter enacted or promulgatedordinances relating to Hazardous Substance shall be a Common Area Operating Expense, unless the cost of such compliance, as they may be amended from time to time)between Lessor and Lessee, is made the Environmental Laws, and (ii) “Environmental Laws” shall mean and include responsibility of Lessee under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environmentLease. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation Lease, the following costs shall not be included in Common Area Operating Expenses and maintenance shall not be the obligation of Lessee: (A) costs incurred to comply with laws relating to the removal of Hazardous Substance which was in existence in the Project prior to the Commencement Date, and was of such a nature that a federal, state or municipal governmental authority, if it had then had knowledge of the Real Property.presence of such Hazardous Substance, in the state, and under the conditions that it existed in the Project, would have then required the removal of such Hazardous Substance or other remedial or containment action with respect thereto; and (B) costs incurred to remove, remedy, contain, or treat Hazardous Substance, which Hazardous Substance is brought into the Project after the date hereof by Lessor or any other tenant of the Project and is of such a nature, at that time, that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Substance, in the state, and under the conditions, that it exists in the Project, would have then required the removal of such Hazardous Substance or other remedial or containment action with respect thereto. To the extent any such Common Area Operating Expense relating to Hazardous Substance is subsequently recovered or reimbursed through insurance, or recovery from responsible third parties, or other action, Lessee shall be entitled to a proportionate share of such Common Area Operating Expense to which such recovery or reimbursement relates,

Hazardous Substances. Schedule H attached hereto lists all environmental reportsWithout limiting the generality of any of the foregoing representations (A) none of the operations of Borrower or its subsidiaries is in violation of any applicable law (federal, auditsstate, studies and similar documents local or foreign), statute, rule, regulation, decision or order of any regulatory authority or governmental body or any court relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)use, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence disposal or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substancessubstances or relating to the protection of human health and safety or the protection or restoration of the environment or human exposure to hazardous or toxic substances or wastes, wastes pollutants or substancescontaminants, except to the extent such violations, if any, in the aggregate, would not have a Material Adverse Effect; (B) neither Borrower nor any substances of its subsidiaries has been notified in writing that it is under investigation or under review by any regulatory authority or governmental body with respect to compliance with any environmental law which because could reasonably be expected to cause a Material Adverse Effect; (C) neither Borrower nor any of their quantitiesits subsidiaries has any liability in connection with the past generation, concentrationuse, chemical treatment, storage, disposal or active flammablerelease of any hazardous material, explosive, infectious or other characteristics, constitute or except to the extent such liability would not have a Material Adverse Effect; (D) there is no hazardous material that may reasonably be expected to constitute or contribute topose any material risk to safety, a danger or hazard to public health, safety or welfare or to the environment, includingon, without limitationunder or about any property owned, leased or operated by Borrower or any of its subsidiaries or, to the knowledge of Borrower, any property adjacent to any such property, which liability could reasonably be expected to cause a Material Adverse Effect; and (E) there has heretofore been no release of any hazardous or toxic waste or substances which are included material on, under or regulated by (whether now existing about such property, or, to the knowledge of Borrower, any such adjacent property, which release could reasonably be expected to cause a Material Adverse Effect. None of the currently owned real property or, to the actual knowledge of Borrower, currently leased or hereafter enacted previously owned real property of Borrower or promulgated, as they may be amended from time any of its subsidiaries is listed or proposed for listing on the National Priorities List pursuant to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities Comprehensive Environmental Response Compensation Liability Information System List or any Market, subject only to official notice of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyissuance.

Hazardous Substances. Schedule H attached hereto lists all Each of the Contributing Parties represents, to its Actual Knowledge, that (x) as of the date hereof and (y) except as set forth in the environmental reports, audits, studies audit reports provided to BNP by the Contributing Parties and similar documents relating to in the Real environmental assessments of the Property which are in Seller’s possession and control conducted on behalf of BNP (the “"Environmental Reports”Assessments"), and Seller has delivered a true and correct copy as of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsClosing Date, (a) no Hazardous Materials (as hereinafter defined) the Contributing Parties have been used, not generated, stored atstored, in or under released, discharged or disposed of at hazardous substances or hazardous wastes at, upon or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, of any Environmental Law, order, judgment or decree or permit, or in connection with which remedial action would be required under any Environmental Law, order, judgment, decree or permit. To the Actual Knowledge of each of the Contributing Parties, (cx) neither Seller nor as of the Partnership has received any notice date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no hazardous substances or hazardous wastes have otherwise been generated, stored, released, discharged or disposed of from, at or upon the Property in violation of any violation Environmental Law. To the Actual Knowledge of Environmental Laws or each of the presence or release Contributing Parties, (x) as of Hazardous Materials on or from the Real Property, date hereof and (dy) there are except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no underground storage tanks are located on the Real Property. As used hereinin this Agreement, the term (i) “Hazardous Materials” terms "hazardous substances" and "hazardous wastes" shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to have the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the regulations thereunder, and the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radioactive materials and any state regulated substances under any Environmental Law, regulation or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to lender by Borrower in connection with the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed origination of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term Loan (i) “Hazardous Materials” shall mean The Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedTransfer Act, the Superfund Amendments Emergency Planning and Reauthorization Community Right–to–Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state or super–lien and environmental clean–up statutes, any local statutelaw requiring related permits and licenses, regulation, ordinance, order or decree any common law relating to healthToxic Mold or other Hazardous Substances, safety and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or the environment. Notwithstanding anything governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic or dangerous substances, wastes, contaminants, and pollutants, including, without limitation, petroleum, petroleum products, crude oil and fractions thereof, Toxic Mold, or any other substances or materials which are included under or regulated by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances”); (iii) to the contrary set forth hereinbest of Borrower’s knowledge, Seller has disclosed after due inquiry, no Hazardous Substances are or have been (including the period prior to Buyer that Borrower’s acquisition of the Partnership may store and use Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Borrower hereby represents and similar documents relating warrants to Lender that. to the Real Property which are in Seller’s possession best of Borrower's knowledge. after due inquiry and control (the “Environmental Reports”)investigation, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Reports, environmental audits of the Mortgaged Property furnished to Lender in connection with the Loan: (a) no Hazardous Materials the Mortgaged Property is not in direct or indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (as hereinafter defined) have been usedcollectively, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with "Environmental Laws (as hereinafter definedLaws"), (b) no Hazardous Materials are present atthe Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, in or under the Real Property at levels or in quantities in violation ofdangerous and/or regulated, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes solvents, wastes, materials, pollutants or substancescontaminants, any substances which because of their quantitiespetroleum, concentrationtremolite, chemical anthlophylie or active flammable, explosive, infectious actinolite or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or toxic waste or substances solvents which are included under or regulated by Environmental Laws (whether now existing collectively, "Hazardous Substances"); (c) no Hazardous Substances are or hereafter enacted have been, prior to Borrower's acquisition of the Mortgaged Property, discharged, generated, treated, disposed of or promulgatedstored on, incorporated in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as they applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be amended liable for such removal or cure. Upon Lender's request, at any time and from time to timetime while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Environmental LawsMortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and (ii) “Environmental Laws” Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall mean be paid by Borrower and include added to the Resource Conservation principal balance of the sums due under the Note and Recovery Actthe Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section which relate to conditions created or arising during Borrower's ownership of the Mortgaged Property and prior to Lender's taking possession of the Mortgaged Property shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance acquisition of the Real PropertyMortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsNeither the Company nor the Sellers have any actual knowledge (a) of any Hazardous Materials present on any of the Leased Land or the premises or improvements located thereon, auditsor on any property in the immediate vicinity of the Leased Lands (b) that Hazardous Materials have been disposed or otherwise released into the environment by or on behalf of the Company or its Affiliates, studies and similar documents (c) that any of the following items is located on the Leased Land: underground containers or vessels or water, gas or oil well▇. ▇either the Company nor the Sellers have actual knowledge of any receipt of any notice or other communications concerning any violation or alleged violation of any Laws relating to the Real Property which are in Seller’s possession protection of health and control the environment (collectively "Environmental Requirements"). Neither the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller Company nor the Partnership has received any notice Sellers have actual knowledge of the existence of any writ, injunction, decree, order or judgment outstanding, nor any pending or threatened claim, action or proceeding, relating to any alleged or suspected violation of Environmental Laws Requirements arising out of the ownership, use or operation of the Leased Lands and the premises or improvements thereon pertaining to the property or any properties in the immediate vicinity of the Leased Lands or the presence or release operation of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real PropertyCompany's business. As used herein, the term (i) “"Hazardous Materials” " shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, (including, without limitation, any asbestos, formaldehyde, radioactive substance, hydrocarbons, polychlorinated biphenyls, industrial solvents, flammables, explosives and any other hazardous substance, solid waste or toxic material) that are defined as hazardous or toxic waste substances under Environmental Requirements or substances which that are included under or regulated by (whether now existing or hereafter enacted or promulgatedknown, as they may be amended from time of the date of this Agreement, to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state pose a threat to or local statute, regulation, ordinance, order or decree relating to health, safety endanger health or the environment. Notwithstanding anything to , except for those substances that are contained within products sold by Seller at its stores, the contrary set forth hereinhandling, Seller has disclosed to Buyer that the Partnership may store labeling and use on the Real Property reasonable quantities sale of gasolinewhich does not require a permit or other authorization from, oildelivery of notice to, swimming pool chemicalsor filing with any court, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertytribunal or other governmental body or instrumentality.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsLessor represents and warrants, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Lessor's knowledge, to Lessee and control (the “Environmental Reports”), Lessee's successors and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, assigns that: (a) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, wastes, materials, or substances, as defined in or governed by the provisions of any federal, state or local law, statute, code, ordinance, regulation, requirement or rule relating thereto (collectively, the "Environmental Regulations"), including without limitation urea-formaldehyde, dioxins, polychlorinated biphenyls, asbestos, asbestos-containing materials, nuclear-fuel wastes, and petroleum products, or any other wastes or substances which would subject the owner or occupant of the premises to any damages, penalties or liabilities under any applicable environmental regulation (collectively, the "Hazardous Materials (as hereinafter definedSubstances") are now or have been usedlocated, generatedproduced, stored attreated, in or under transported, incorporated, discharged, emitted, released, deposited or disposed of at in, upon, under, over or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), premises; (b) no threat exists of a discharge, release or emission of a Hazardous Materials are present atSubstance upon or from the premises into the environment; (c) the premises have not ever been used as a mine, a landfill, a dump or other disposal facility, an industrial manufacturing facility, or a gasoline service station. (d) no underground storage tank is now located in or under the Real Property at levels or in quantities in violation ofpremises, or that would require investigation has previously been located therein but has been removed therefrom; (e) no violation of any Environmental Regulation now exists or cleanup has ever existed in, upon, under, any Environmental Law, over or from the premises; (cf) neither Seller nor the Partnership has received any no notice of any such violation or any alleged violation of an Environmental Laws Regulation has been issued or given by any governmental entity or agency, and there is not now or has there ever been any investigation or report involving the presence premises by any governmental agency or release entity which in any way relates to Hazardous Substances; (g) no person, party or governmental agency or entity has given notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (a) above; (h) there are not now, nor have there ever been, any actions, suits, proceedings or damage settlements relating in any way to Hazardous Materials on Substances in, upon, under, over or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term premises; 5 6 (i) “Hazardous Materials” shall mean and include, but shall the premises are not be limited to, listed in the United States Environmental Protection Agency's national priorities list of hazardous waste sites or any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.governmental agency; and

Hazardous Substances. Schedule H attached hereto lists all environmental reportsGrantor hereby represents and warrants to Beneficiary that, audits, studies and similar documents relating to the Real Property which are best of Grantor's knowledge, after due inquiry and investigation, except as set forth in Seller’s possession and control the Phase I Environmental Site Assessment (EBI Project #11063582) dated August 4, 2006 prepared by EBI Consulting (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, "Phase I"): (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation or common law pertaining to constitute or contribute to, a danger imposing liability or hazard to public standards of conduct concerning the protection of human health, safety environmental regulation, contamination or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws"); (b) the Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated substances, Toxic Mold, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Grantor's acquisition of the environmentProperty, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. Notwithstanding anything So long as Grantor owns or is in possession of the Property, Grantor shall keep or cause the Property to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable be kept free from Hazardous Substances (other than de minimis quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides Hazardous Substances that are necessary and cleaning products for use lawfully used in the operation and maintenance of the Real Property as a hotel or motel and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Beneficiary if Grantor shall become aware of any Hazardous Substances on the Property and/or if Grantor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Grantor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Grantor becomes aware of such Hazardous Substances or such violations, at Grantor's sole expense. Nothing herein shall prevent Grantor from recovering such expenses from any other party that may be liable for such removal or cure. Upon Beneficiary's request, at any time and from time to time while this Deed of Trust is in effect (but in no event more frequently than when specific facts and circumstances reasonably dictate, or otherwise at Beneficiary's election but at Beneficiary's expense), Grantor shall provide at Grantor's sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Beneficiary indicating the presence or absence of Hazardous Substances on the Property. If Grantor fails to provide such inspection or audit within thirty (30) days after such request, Beneficiary may order such inspection or audit, and Grantor hereby grants to Beneficiary and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Grantor and added to the principal balance of the sums due under the Note and this Deed of Trust and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Grantor under this Section shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Beneficiary of any of its rights or remedies thereunder including, without limitation, the acquisition of the Property by foreclosure or a conveyance in lieu of foreclosure for acts or events occurring or obligations arising prior to foreclosure or other transfer of title from Grantor.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Tenant hereby covenants and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no agrees that -------------------- Tenant shall not cause or permit any "Hazardous Materials Substances" (as hereinafter defined) have been to be generated, placed, held, stored, used, generated, stored at, in or under located or disposed of at the Office Complex or from any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Real Property during Demised Prime Premises for general office and administrative purposes, but only so long as the period of Seller’s ownership except quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in accordance with Environmental Laws CERCLA (as hereinafter defined), (b) no and so long as Tenant strictly complies or causes compliance with all applicable governmental rules and regulations concerning the use or production of such Hazardous Materials are present atSubstances. For purposes of this paragraph, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of "Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” Substances" shall mean and includeinclude those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA which are defined as hazardous, but shall not be limited totoxic, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosivepollutant, infectious or radioactive by any other characteristicsfederal, constitute state or may reasonably be expected local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to constitute or contribute imposing liability (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively "Environmental Laws") Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a danger direct or hazard to public healthindirect result oh, safety the presence in, or welfare the escape, leakage, spillage, discharge, emission or to release from, the environment, Demised Prime Premises of any Hazardous Substances (including, without limitation, any hazardous losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or toxic waste judgment or substances which are included claims asserted or arising under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980["CERCLA"], as amendedany so-called federal, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute"Superfund" or "Superlien" laws or any other Environmental Law); provided, regulationhowever, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance foregoing indemnity is limited to matters arising solely from Tenant's violation of the Real Propertycovenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration or termination of this Lease.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsConcurrently with the execution hereof, auditsBorrower warrants and represents to Bank that, studies and similar documents relating to the Real Property which are in Seller’s possession best of Borrowers knowledge, the SLF and control (the “Environmental Reports”)all real property, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in now or under or disposed of at or from the Real Property previously owned by Borrower during the period of Seller’s ownership except Borrowers ownership, and are not now being used in accordance violation of any federal, state or local environmental law, ordinance or regulation; that no proceedings have been commenced, or notices(s) received, concerning any alleged violation of any such environmental law, ordinance or regulation. Borrower covenants that it shall not permit any such materials to be brought onto the SLF or any other real property owned by Borrower, or if so brought or found located thereon, shall be immediately removed with Environmental Laws (as hereinafter defined)proper disposal, (b) no Hazardous Materials are present atand all required environmental cleanup procedures shall be diligently undertaken pursuant to all applicable laws, ordinances and regulations. Borrower herein indemnifies and holds Bank harmless against any loss, claim or costs incurred by Bank in or connection with the warranties granted herein. Borrowers obligations hereunder shall survive any proceeding to enforce Bank's rights under the Real Property Loan Documents. If the Bank has reasonable belief of the existence of an environmental problem or if required by any banking regulation, but no more frequently than once each calendar year, the Bank may in its reasonable discretion, at levels its election, obtain one or in quantities in violation ofmore environmental assessments of the Land prepared by a geohydrologist, an independent engineer, or that would require investigation other qualified consultant or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws expert approved by Bank evaluating or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term confirming (i) “whether any Hazardous Materials” shall mean Substances are present in the soil or water at the Land and include(ii) whether the use and operation of the Land complies with all applicable Environmental Laws relating to air quality, but shall not be limited toenvironmental control, release of oil, hazardous materials, hazardous wastes and hazardous substances, and any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or applicable environmental laws. Environmental assessments may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or include detailed visual inspection as to the environment, Land including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedand all storage areas, storage tanks, drains, dry w▇▇▇▇, and leasing areas and the taking of soil samples, surface water samples, and ground water samples, as they may be amended from time to time), well as such other investigations or analyses as are necessary or appropriate for a complete determination of the compliance of the Land and the use and operation thereof with all applicable Environmental Laws. Such environmental assessment shall be the sole cost and expense of Borrower. In the event that it is determined that additional tests and/or remediation are necessary as a result of the aforesaid assessments, or in the event such additional testing or remediation is recommended by the aforesaid assessments, Borrower agrees to immediately perform the tests or undertake the remediation as recommended. In the event contamination or other environmental problem is found on the Land and (ii) “Environmental Laws” Borrower does not promptly undertake the remediation as recommended, Borrower shall mean be in default hereunder. Bank shall use best efforts to keep and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary maintain matters set forth hereinin any hazardous substances notices and/or environmental assessments confidential by and among the Bank's employees, Seller has disclosed agents, representatives and assigns; excepting, however, when required by operation of law to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyreport any such matters contained therein to any governmental agency.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsMortgagor hereby represents and warrants to Mortgagee that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Mortgagor's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, investigation: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes, and all regulations adopted in respect to the foregoing laws (collectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including without limitation petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety or welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the environment. Notwithstanding anything period prior to Mortgagor's acquisition of the Mortgaged Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; (e) no underground storage tanks exist on any of the Mortgaged Property; and (f) no Hazardous Substances which are upon the Property, but which are not subject to the contrary set forth hereinEnvironmental Laws, Seller has disclosed present a threat to Buyer the health, safety or welfare of any person. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Partnership may store Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and use on the Real Property reasonable quantities of gasoline(iii) shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, oilas applicable, swimming pool chemicals, pesticides, herbicides and cleaning products for use as required by law (or as shall be required by Mortgagee in the operation case of removal which is not required by law, but in response to the opinion and maintenance recommendation of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Mortgagor under this paragraph shall survive any termination, satisfaction or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, but not limited to, the acquisition of the Real PropertyMortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. i) Except as otherwise disclosed set forth in the Environmental ReportsReport, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the California Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used hereinQuality Act, the term (i) “Hazardous Materials” shall mean applicable provisions of the California Health and includeSafety Code, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time)California Labor Code, the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery ActCalifornia Water Code, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedAct, the Superfund Amendments Resource Conservation and Reauthorization Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state or super-lien and environmental clean-up statutes, any local statutelaw requiring related permits and licenses, regulation, ordinance, order or decree any common law relating to healthToxic Mold or other Hazardous Substances, safety and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or the environment. Notwithstanding anything governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to the contrary hazardous, toxic and/or dangerous substances, including, Toxic Mold, or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, except as set forth hereinin the Environmental Report, Seller has disclosed no Hazardous Substances are or have been (including the period prior to Buyer that Borrower’s acquisition of the Partnership may store and use Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, except as set forth in the Environmental Report, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all Each of the Contributors represents, to his best knowledge, that (x) as of the date hereof and (y) except as set forth in the environmental reports, audits, studies and similar documents relating audit reports provided to the Real Property which are in Seller’s possession and control (Operating Partnership by the “Environmental Reports”)Constituent Parties, and Seller has delivered a true and correct copy as of each such report to Buyer. Except as otherwise disclosed in the Environmental ReportsClosing Date, (a) no Hazardous Materials (as hereinafter defined) the Constituent Parties have been used, not generated, stored atstored, in or under released, discharged or disposed of at hazardous substances or hazardous wastes at, upon or from any of the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities Properties in violation of, or that would require investigation or cleanup under, of any Environmental Law, order, judgment or decree or permit, or in connection with which remedial action would be required under any Environmental Law, order, judgment, decree or permit. To the best knowledge of each of the Contributors, (cx) neither Seller nor as of the date hereof and (y) except as set forth in the environmental audit reports provided to the Operating Partnership has received by the Constituent Parties, as of the Closing Date, no hazardous substances or hazardous wastes have otherwise been generated, stored, released, discharged or disposed of from, at or upon any notice of the Properties in violation of any violation Environmental Law. To the best knowledge of Environmental Laws or each of the presence or release Contributors, (x) as of Hazardous Materials on or from the Real Property, date hereof and (dy) there are except as set forth in the environmental audit reports provided to the Operating Partnership by the Constituent Parties, as of the Closing Date, no underground storage tanks are located on any of the Real PropertyProperties. As used hereinin this Master Agreement, the term (i) “Hazardous Materials” terms "hazardous substances" and "hazardous wastes" shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to have the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the regulations thereunder, and the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radioactive materials and any state regulated substances under any Environmental Law, regulation or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsTo Borrower's knowledge, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Reportsrepor▇, ▇▇▇▇▇ ▇▇▇▇st 18, 2003 prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loan: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980Act, as amended, the Superfund Amendments Resource Conservation and Reauthorization Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Federal Water Pollution Control Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property ("TOXIC MOLD") and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the environmentperiod prior to Borrower's acquisition of the Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in a requirement under applicable Environmental Laws to remediate the Property; and (e) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary set forth hereinin this Section 4.21, Seller has disclosed to Buyer that Borrower may use and store ordinary amounts of Hazardous Substances at the Partnership may store Property in compliance with all applicable Environmental Laws if such use and use on storage is in connection with business supplies used by Borrower, a tenant in accordance with the Real Property reasonable quantities terms of gasoline, oil, swimming pool chemicals, pesticides, herbicides and its Lease or in connection with the ordinary cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsFirstFederal represents that, audits, studies and similar documents relating to except as disclosed in Section 4.25 of the Disclosure Schedule: (i) none of the Real Property or property previously owned or occupied by FirstFederal or in which are in Seller’s possession and control FirstFederal has or had any interest, legal or equitable, is contaminated with any hazardous substance; (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (aii) no Hazardous Materials (as hereinafter defined) have been used, generated, stored atFirstFederal has, in compliance with all applicable laws of federal, state or under or disposed local governments, arranged for the disposal of at or hazardous substances removed from the Real Property during and any real property previously owned or occupied by FirstFederal or in which FirstFederal had any interest, legal or equitable through utilization of qualified licensed waste disposal transporters and receivers; (iii) FirstFederal has not caused and will not cause, and to its Knowledge, after diligent investigation and inquiry, there never has occurred, the period release of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under any hazardous substance on the Real Property at levels or any real property previously owned or occupied by FirstFederal or in quantities which FirstFederal had any interest, legal or equitable; (iv) the Real Property or any real property previously owned or occupied by FirstFederal or in violation ofwhich FirstFederal had any interest, legal or equitable, is not subject to any federal, state or local "superfund" lien, proceedings, claim, liability or action; (v) FirstFederal is under no threat or likelihood thereof for the cleanup, removal, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice remediation of any violation of Environmental Laws or the presence or release of Hazardous Materials on or such hazardous substance from the Real PropertyProperty or any real property previously owned or occupied by FirstFederal or in which FirstFederal had any interest, and legal or equitable; (dvi) there are is no asbestos on the Real Property; (vii) there is no underground storage tanks located tank on the Real Property. As The terms "hazardous substance," "release," and "removal" as used herein, herein shall have the term same meaning and definition as set forth in paragraphs (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time14), the Environmental Laws(22), and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act23), the Comprehensive Environmental Responserespectively, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.Title 42

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating (a) The Borrower has previously delivered to the Real Property which are Administrative Agent the Independent Engineer’s Report and the Administrative Agent acknowledges receipt thereof. Except as set forth in Sellerthe Independent Engineer’s possession Report and control in Part I of Schedule 3.13, to the knowledge of the Borrower solely with respect to the Site and the Improvements: (A) neither the Borrower nor Holdings (the “Environmental ReportsSubject Companies”), and Seller ) is or has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, past been in violation of (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities received any notice that it is in violation of, or that would require investigation or cleanup under, ) any Environmental Law, Law which violation would reasonably be expected to subject the Secured Parties to liability or to result in a material liability to any of the Subject Companies or their respective properties and assets; (cB) neither Seller nor none of the Partnership Subject Companies has (or has received any notice that it or any third party has) used, released, discharged, generated, manufactured, produced, stored, or disposed of any violation of Environmental Laws in, on, under or about the Site or the presence Improvements, or release of transported thereto or therefrom, any Hazardous Materials on Substances that would reasonably be expected to subject the Secured Parties to liability or from the Real PropertySubject Companies to material liability, and under any Environmental Law; (dC) there are no underground storage tanks tanks, whether operative or temporarily or permanently closed, located on the Real Property. As used hereinSite or the Improvements; and (D) there are no Hazardous Substances used, stored or present at, on or near the term Site or the Improvements, except as used, stored or present in the ordinary course of business and in material compliance with Hazardous Substances Laws, in each case of (iA) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may through (D) above that would reasonably be expected to constitute have a Material Adverse Effect. (b) Except as set forth on Part II of Schedule 3.13, there is no pending or, to the knowledge of the Borrower, threatened action or contribute toproceeding by any Governmental Authority (including the U.S. Environmental Protection Agency) or any non-governmental third party with respect to the presence or Release of Hazardous Substances in, a danger or hazard to public healthon, safety or welfare from or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety Site or the environment. Notwithstanding anything Improvements, that would reasonably be expected to have a Material Adverse Effect. (c) The Borrower does not have knowledge of any past or existing violations of any Environmental Laws by any person relating in any way to the contrary set forth hereinSite or the Improvements that, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower’s reasonable judgment, would reasonably be expected to have a Material Adverse Effect.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed set forth in the Environmental Reportsenvironmental report delivered to Lender in connection with the closing of the Loan, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right–to–Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state or super–lien and environmental clean–up statutes, any local statutelaw requiring related permits and licenses, regulation, ordinance, order or decree any common law relating to healthToxic Mold or other Hazardous Substances, safety and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic or dangerous substances, wastes, contaminants, and pollutants, including, without limitation, petroleum, petroleum products, crude oil and fractions thereof, Toxic Mold, or any other substances or materials which are included under or regulated by, or for which liability may arise pursuant to, Environmental Laws other than those substances which are in deminimis quantities and customarily used or stored in similar properties for the environment. Notwithstanding anything purposed of cleaning, maintenance or other operations and otherwise in compliance with Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, no Hazardous Substances are or have been (including the contrary set forth hereinperiod prior to Borrower’s acquisition of the Property), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Buyer that Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Partnership may store and use Property; (v) no underground storage tanks exist on the Real Property reasonable quantities and, to Borrower’s knowledge, the Property has never been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean No Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (ii) no Property is subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, or the environment. Notwithstanding anything any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (iii) to the contrary set forth hereinbest of each Borrower's knowledge, Seller after due inquiry, no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of its Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from any Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect any Property; (v) no underground storage tanks exist on any Property and no Property has disclosed ever been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower in connection with the Loan which have not been provided to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyLender.

Hazardous Substances. Schedule H attached hereto lists all To the best of Seller's Knowledge, except as disclosed (i) by the "Phase I" and "Phase II" environmental reportssite assessments prepared by Seller's outside environmental consultants and made available for inspection by Buyer, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed ii) in the Environmental Reportsdata room made available for inspection by Buyer, (iii) or on Schedule 3.7: (a) no Hazardous Materials (as hereinafter defined) have There has not been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release a Release of Hazardous Materials on or from otherwise affecting the Real PropertyFOP Facilities (other than Releases involving de minimis quantities of Hazardous Materials) that: (i) constitutes an unremedied material violation of any Environmental Law by Seller or by any third party if the effect of such violation by such third party imposes a current remediation obligation on the part of Seller; (ii) currently imposes any material release-reporting obligations on Seller under any Environmental Law that have not been or are not being complied with; or (iii) currently imposes any material clean-up or remediation obligations of Seller under any Environmental Law; (b) Seller, during at least the last three years, has complied, and currently is in compliance, in all material respects, with all Environmental Laws that govern the FOP Facilities; (c) Seller has all material Licenses required under the Environmental Laws for its operation of the FOP Facilities, is in compliance in all material respects with all such Licenses, and during the three-year period preceding the date of the Agreement has not received any notice that: (i) any such existing License will be revoked; or (ii) any pending application for any new such License or renewal of any existing License will be denied; (d) there are no underground storage tanks located on the Real Property. As used hereinSeller has not received any currently outstanding written notice of any material proceedings, the term (i) “Hazardous Materials” shall mean and includeaction, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute claim or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, liability arising under any Environmental Laws (including, without limitation, any hazardous or toxic waste or substances which are included notice of potentially responsible party status under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and 42 U.S.C. §§9601 et seq. or any state counterpart) from any Person or local statute, regulation, ordinance, order or decree relating to health, safety Governmental Body regarding the FOP Facilities; and (e) No portion of any FOP Facility or the environment. Notwithstanding anything Owned Real Properties contains or has ever contained any underground storage tank, surface impoundment or similar device used for the management of wastewater, or other waste management unit dedicated to the contrary set forth hereindisposal, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities treatment, or long-term (greater than 90 days) storage of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertywaste materials.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Mortgagor represents and similar documents relating warrants to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except Mortgagee that except as otherwise disclosed in the existing Phase I Environmental Reportsassessment dated September 27, 1999 prepared by Pinnacle Engineering, Inc.: (ai) no there are not present in, on or under the Mortgaged Property any Hazardous Materials Substances (as hereinafter defineddefined below); (ii) have the Mortgaged Property is not presently being used and, to the best of Mortgagor’s knowledge after due inquiry, has not in the past been used, generatedfor the handling, stored atstorage, in transportation, manufacture, release or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice disposal of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and Substances; (diii) there are no present and have not in the past been any claims, investigations, administrative proceedings, litigation, regulatory hearings or requests or demands for remedial or response actions or for compensation, which may be proposed, threatened or pending with respect to the Mortgaged Property, alleging noncompliance with or violation of any Environmental Law (as defined below), seeking relief under any Environmental Law or relating to any required environmental permits, licenses or authorizations; (iv) all reports and notices required by any Environmental Law have been duly made with respect to the Mortgaged Property, and all permits, licenses and authorizations required by any Environmental Law have been obtained and are in full force and effect with respect to the Mortgaged Property; (v) to the best of Mortgagor’s knowledge, based upon its investigation and inquiry, there is not now present, nor has there ever been present, in, on or under the Mortgaged Property any above-ground or underground storage tanks located used for the storage of petroleum, petroleum by-products or any other Hazardous Substances; (vi) the Mortgaged Property is not and never has been listed on the Real United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or on any other list, schedule, log, inventory or record of hazardous waste sites maintained by any federal, state, or local agency; and (vii) Mortgagor has disclosed and delivered to Mortgagee all environmental reports and investigations which Mortgagor has obtained or ordered with respect to the Mortgaged Property. As used hereinMortgagor shall not use, or permit the use of, the term Mortgaged Property for the handling, storage, transportation, manufacture, release or disposal of any Hazardous Substances. In addition, Mortgagor shall not install or maintain, or permit the installation or maintenance of, any above-ground or underground storage tanks for the storage of petroleum, petroleum by-products or other Hazardous Substances in, about or under the Mortgaged Property unless: (i) “Hazardous Materials” shall mean Mortgagor has obtained the prior written consent of Mortgagee for such installation and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, maintenance; and (ii) “Mortgagor installs and maintains such above-ground or underground storage tanks in compliance with all applicable Environmental Laws” shall mean . Notwithstanding the foregoing, Mortgagor and include any occupant of the Resource Conservation Mortgaged Property may use or store immaterial amounts of commonly known and Recovery Actused materials which may be deemed Hazardous Substances hereunder, provided that any such use or storage: (A) does not constitute a remunerative activity of Mortgagor; (B) is incidental to Mortgagor’s primary use of the Comprehensive Mortgaged Property and does not constitute a primary use thereof; and (C) complies at all times with all applicable Environmental ResponseLaws. Upon the occurrence of an Event of Default hereunder or if Mortgagee, Compensation in its sole and Liability Act absolute discretion, believes that any Hazardous Substance is present on or is being handled, stored, transported, manufactured, released or disposed of 1980in, as amendedon or under the Mortgaged Property, Mortgagee or its authorized agent may enter upon the Superfund Amendments and Reauthorization Act Mortgaged Property for the purpose of 1986performing inspections, the Federal Water Pollution Control Acttaking soil borings, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Actor conducting any other tests or procedures, and obtain such further environmental reports as Mortgagee deems necessary or appropriate, from a reputable environmental consultant of Mortgagee’s choice, all at Mortgagor’s expense. If any state such environmental report indicates any presence, handling, storage, transportation, manufacture, release or local statutedisposal of Hazardous Substances in, regulationon or under the Mortgaged Property, ordinanceMortgagee may require Mortgagor, order at Mortgagor’s expense, to remedy any such presence, handling, storage, transportation, manufacture, release or decree relating to health, safety or the environment. Notwithstanding anything disposal to the contrary set forth hereinsatisfaction of Mortgagee. Mortgagor shall immediately notify Mortgagee in writing of any claim, Seller has disclosed investigation, administrative proceeding, litigation, regulatory hearing or request or demand for remedial or response action or for compensation which may be proposed, threatened or pending, alleging the presence, handling, storage, transportation, manufacture, release or disposal of Hazardous Substances in, on or under the Mortgaged Property. Mortgagee shall have the right, but not the obligation, to Buyer that join and participate in any such investigation, administrative proceeding, litigation, regulatory hearing or other action and to have its attorneys’ fees and expenses in connection therewith paid by Mortgagor. Without Mortgagee’s prior written consent, Mortgagor shall not take any remedial or response action or enter into any settlement or other compromise with respect to any claim, investigation, administrative proceeding, litigation, regulatory hearing or request or demand for remedial or response action or for compensation which, in Mortgagee’s reasonable judgment, may impair the Partnership may store and use on the Real Property reasonable quantities value of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyMortgagee’s security under this Second Mortgage.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “"Hazardous Materials” Substance" shall mean and include, but shall not be limited to, any element, substance, compound, mixture, waste, material, pollutant or contaminant (including, without limitation, asbestos, any petroleum product or petroleum derived waste or products, and all raw materials that include hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or harmful constituents); to the environmentextent the foregoing items are included under or regulated by any federal, state or local law, rule or regulation applicable to Borrower's activities on the Premises, as now or hereafter enacted or amended, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, ; the Federal Resource Conservation and Recovery Act; the Federal Superfund Amendments and Reauthorization Act of 1986, ; the Federal Toxic Substances Control Act; the Federal Hazardous Material Transportation Act; the Federal Clean Air Act; the Federal Water Pollution Control Act; together with any other federal, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statutesuperlien or other statutes, regulationrules or regulations, ordinanceas now or hereafter amended in any way pertaining to clean-up; disclosure; water pollution control; air pollution control; regulation of solid waste; hazardous waste management; storage tanks; regulation of environmentally sensitive areas; regulation of drinking water; use of ground water, order surface waters and wetlands; hazardous and toxic substance reporting; environmental preservation or decree relating control; indoor air quality issues, including asbestos, radon and tobacco smoke; and any other laws, including case law, which might be deemed or referred to healthas environmental common law (all such laws, safety rules and regulations being referred to collectively as "Environmental Laws") and any other substances now or hereafter deemed hazardous, toxic, or otherwise harmful, including but not limited to, mold and other contaminants, regardless of whether the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertysame are regulated under any Environmental Laws.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)Without limiting Section 5.9.1, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise notwithstanding any matters disclosed in the Environmental Reports, SCHEDULE 5.9.2: (a) no Hazardous Materials (as hereinafter defined) have ▇▇▇▇▇▇▇ ▇▇▇▇▇ has been used, generated, stored at, at all times and is in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance compliance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, amended by the Superfund Amendments and Reauthorization Reauthorizing Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Clean Air Act, as amended, and all other applicable federal, state and local laws relating to pollution or protection of public health, welfare and the Federal Clean Water Actenvironment, including, without limitation, laws relating to emissions, discharges, releases or threatened releases of toxic or hazardous substances or hazardous wastes or other pollutants, contaminants, petroleum products or chemicals (collectively, "HAZARDOUS SUBSTANCES") into the environment (including, without limitation, ambient air, surface water, ground water, land surface or sub-surface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances (collectively the "ENVIRONMENTAL LAWS"). (b) ▇▇▇▇▇▇▇ ▇▇▇▇▇ has obtained and is in compliance with all permits, licenses and other authorizations which it is required to obtain and maintain with respect to the operation of the Business under the Environmental Laws, all of which are listed in SCHEDULE 5.9.2, including, without limitation, those which are required of ▇▇▇▇▇▇▇ ▇▇▇▇▇ (i) to operate or install any equipment or facilities operated or installed by ▇▇▇▇▇▇▇ ▇▇▇▇▇, and (ii) to generate, store, handle, transport, discharge, emit or dispose of Hazardous Substances used or generated by the Business and its assets (the "ENVIRONMENTAL PERMITS"), and a true and complete list of such Environmental Permits is set forth in SCHEDULE 5.9.2 hereto. (c) There are no polychlorinated biphenyls or asbestos generated, treated, stored, disposed of, or otherwise deposited in or located on any of the Leased Real Property and there are no above ground or underground storage tanks located on any of the Leased Real Property, except as shown on SCHEDULE 5.9.2 hereto. (d) There has been no "release" pursuant to the Environmental Laws, including but not limited to 42 U.S.C. Section 9603(a) or 40 C.F.R. Section 264, Subpart F or, from or under any of the Leased Real Property or any other property from which the Business has been or is being conducted. (e) Neither Seller has received any notice or other information that it has any potential liability with respect to the cleanup of any site at which Hazardous Substances have been generated, treated, stored, discharged, emitted or disposed of, and there are no past or present events, conditions or circumstances which may interfere with or prevent compliance or continued compliance by ▇▇▇▇▇▇▇ ▇▇▇▇▇, or by Purchaser conducting, after the Closing, the Federal Clean Air ActBusiness in a manner similar to that of ▇▇▇▇▇▇▇ ▇▇▇▇▇ in accordance with applicable current Environmental Laws or with any order, decree, judgment, injunction, notice or demand issued, entered, promulgated or approved thereunder, or which may give rise to any common law or other legal liability, including, without limitation, liability under any current Environmental Laws or which otherwise form the Toxic basis under the current law of any meritorious claim, action, demand, suit, proceeding, hearing, notice of violation or investigation, based on or related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling, or the emission, discharge, release or threatened release into the environment, of Hazardous Substances Control Actby either Seller or as a result of any act or omission of either Seller. (f) ▇▇▇▇▇▇▇ ▇▇▇▇▇ has made available, and any state Purchaser has had access to, a materially correct summary of all available information on Hazardous Substances used by ▇▇▇▇▇▇▇ ▇▇▇▇▇ in the conduct of the Business. (g) ▇▇▇▇▇▇▇ Adler's current and past disposal practices are in compliance with all applicable Environmental Laws. (h) All environmental assessment or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use impact reports on the Leased Real Property reasonable quantities done for or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in or received by ▇▇▇▇▇▇▇ ▇▇▇▇▇ within the operation and maintenance last five years of the Real Propertydate of this Agreement are listed on SCHEDULE 5.9.2 hereto.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) Seller's Representations, Warranties and Covenants. Seller represents, warrants and covenants the following: (i) The Property does not presently contain and is free from all hazardous substances and/or wastes, toxic and nontoxic pollutants and contaminants, including, but not limited to, petroleum products and asbestos ("Hazardous Substances"), other than the products currently held for resale in the ordinary course of business of Merchants Wholesale Inc. (ii) To the best of Seller's knowledge, the Property has not in the past been used for the storage, manufacture or sale of Hazardous Substances or for any activity involving Hazardous Substances, other than the products currently held for resale in the ordinary course of business of Merchants Wholesale Inc. (iii) To the best of Seller's knowledge, no Hazardous Materials Substances are located in the vicinity of the Property. (as hereinafter definediv) have been usedSeller shall not store, generatedmanufacture, stored atuse or sell any Hazardous Substances on or in the Property prior to closing, other than the products currently held for resale in the ordinary course of business of Merchants Wholesale Inc. (v) Seller has not transported, or caused to be transported, any Hazardous Substances to or from the Property, other than the products currently held for resale in the ordinary course of business of Merchants Wholesale Inc. (vi) Seller has not received and is not aware of any notification from any federal, state, county or city agency or authority relating to Hazardous Substances on, in or near the Property. (vii) No underground or aboveground storage tanks have ever been or are located under or disposed of at or from on the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), Property. (b) no Hazardous Materials are present atSeller's Indemnity. Seller shall indemnify, in or under the Real Property at levels or in quantities in violation ofdefend (with counsel selected by Purchaser) and hold harmless Purchaser and its respective nominees, successors, assigns, parent company, officers, directors, partners, agents and employees from and against any and all liability arising from any and all claims, demands, litigation, or that would require investigation or cleanup under, governmental action to the extent involving any Environmental Law, (c) neither Seller nor of the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term following: (i) “Hazardous Materials” shall mean Any breach of the representations, warranties and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and covenants in this Section 9. (ii) “Environmental Laws” shall mean and include The presence of Hazardous Substances on or in the Resource Conservation and Recovery ActProperty, unless such presence is due solely to the Comprehensive Environmental Response, Compensation and Liability Act acts of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety Purchaser or the environment. Notwithstanding anything acts of any party other than Seller, its contractors, agents and employees, occurring after closing. (iii) The migration of Hazardous Substances from the Property to any other property if such migration occurred prior to closing or if the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use migrating substances were located on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use or in the operation and maintenance Property at the time of closing. Without limiting the generality of the Real Propertyforegoing, this indemnification shall specifically cover fines, penalties, sums paid in settlement of claims or litigation, fees for attorneys, consultants and experts (to be selected by Purchaser) and costs for investigation, clean-up, testing, removal or restoration.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy For purposes of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term this Agreement: (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act42 U.S.C. Section 9601 et seq., and any state all other applicable federal, state, county, municipal, administrative or local statuteother laws, regulationordinances, ordinancerules, order regulations and requirements or decree relating common law doctrines pertaining to environmental, health, safety or ecological conditions, along with any regulations, orders, binding written interpretations or policies promulgated or issued thereunder; (ii) “Hazardous Material” means (A) any “hazardous substance”, “hazardous waste” or “hazardous material” defined as such in (or for purposes of) any Environmental Law; (B) petroleum, including any fraction thereof, and any petroleum product; (C) mold, radon, asbestos or any other potentially harmful indoor pollutant; and (D) any other substance, regardless of physical form, that is subject to any law or common law doctrine regulating, or imposing obligations, liability, or standards of conduct concerning the environment. Notwithstanding anything protection of human health, plant life, animal life, natural resources, or property; provided that “Hazardous Material” shall not be deemed to the contrary set forth hereininclude substances, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasolinesuch as cleaning supplies, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use customarily used in the operation and maintenance of the Real PropertyBusiness, kept in such quantities as are customarily found in businesses similar to the Business provided the same are used, stored and disposed of in all material respects in accordance with all laws regulating the same and that a Seller has not incurred any potential or actual liability as a result of Release or disposal of such material; and (iii) “Release” means any release, spill, emission, leaking, pumping, pouring, emptying, disposing, injection, deposit, disposal, discharge, leaching, or migration into any media, whether soil, surface water, ground water, air or any combination of the foregoing, and the movement of any Hazardous Material through any media.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are best of Borrower’s knowledge, except as set forth in Seller’s possession the Phase I Environmental Site Assessment dated March 18, 2004 prepared by EMG, as reviewed and control approved by ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP on March 19, 2004 (the “Environmental ReportsPhase I”), ) and Seller any other environmental reports of which Lender has delivered received a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, written copy: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation or common law pertaining to constitute or contribute to, a danger imposing liability or hazard to public standards of conduct concerning the protection of human health, safety environmental regulation, contamination or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, “Environmental Laws”); (b) the Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated substances, Toxic Mold (as defined in the Environmental Agreement), solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances (including, without limitation, lead-based paint), materials or solvents which are included under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been, prior to Borrower’s acquisition of the environmentProperty, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. Notwithstanding anything So long as Borrower owns or is in possession of the Property, Borrower shall keep or cause the Property to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable be kept free from Hazardous Substances (other than de minimis quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides Hazardous Substances that are necessary and cleaning products for use lawfully used in the operation and maintenance of the Real Property as a hotel or motel and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Property and/or if Borrower shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower’s sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender’s request, at any time and from time to time while this Deed is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender’s election but at Lender’s expense), Borrower shall provide at Borrower’s sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Property. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and this Deed and shall bear interest thereafter until paid at the Default Rate, subject to the terms and conditions set forth in Section 63 of this Deed. The obligations and liabilities of Borrower under this Section shall survive any termination, satisfaction, or assignment of this Deed and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H 4.05 attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s General Partner's possession and control (the “"Environmental Reports”"), and Seller General Partner has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, to the best knowledge of General Partner, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s the Partnership's ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller General Partner nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “"Hazardous Materials” " shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “"Environmental Laws” " shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller General Partner has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are best of Borrower’s knowledge, after due inquiry and investigation except as disclosed in Seller’s possession and control the environmental report delivered to Lender in connection with the Loan (the “Environmental ReportsPhase I Report”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, ): (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Security Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), the Resource Conservation and Recovery Act, as amended (“RCRA”), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”); (b) the Security Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance“Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Security Property) discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from the Security Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (e) no underground storage tanks exist on any of the Security Property. So long as Borrower owns or is in possession of the Security Property, Borrower (i) shall keep or cause the Security Property to be kept free from Hazardous Substances except for those substances used by Borrower or tenants in the ordinary course of their businesses and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on or near the Security Property and/or if Borrower shall become aware that the Security Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near the Security Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Lender in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender (“Lender’s Consultant”)), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary set forth hereinin this Section, Seller has disclosed to Buyer that the Partnership may store and use Borrower and/or tenants on the Real Security Property reasonable quantities may use and store immaterial amounts of gasoline, oil, swimming pool chemicals, pesticides, herbicides and Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning products for use in the operation and maintenance of the Real PropertySecurity Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 50 43412-20/Continental Towers Phase I Report. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 34 shall survive any termination, satisfaction, or assignment of this Security Instrument and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Security Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, auditsto Borrower’s knowledge, studies and similar documents relating to except as disclosed in the Real Property which are in Seller’s possession and control report, dated March 7, 2003, prepared by Certified Environments, Inc. (the “Environmental ReportsPHASE I REPORT”), ) and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed Lender in connection with the Environmental Reports, Loan: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Trust Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), the Resource Conservation and Recovery Act, as amended (“RCRA”), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “ENVIRONMENTAL LAWS”); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance“HAZARDOUS SUBSTANCES”): (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Trust Property) discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable Environmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and (iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the environmentcase of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender (“LEADER’S CONSULTANT”) provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership may store and use Borrower, Manager and/or tenants on the Real Trust Property reasonable quantities may use and store ordinary amounts of gasolineHazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, oil, swimming pool chemicals, pesticides, herbicides and a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning products for use in the operation and maintenance of the Real PropertyTrust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Trust Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsTo the best of Borrower’s knowledge, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control except for “Permitted Substances” (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed defined in the Environmental ReportsIndemnity Agreement) and except as specifically described in the Report (as defined in the Environmental Indemnity Agreement), the Mortgaged Property does not contain (a) no Hazardous Materials (as hereinafter defined) have been usedany hazardous wastes, generatedhazardous substances, stored athazardous materials, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous air pollutants or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedpollutants, as they may be amended from time to time)those terms are used in, the Environmental Laws, and (ii) “Environmental Laws” shall mean and include defined in or listed under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, and any applicable state or local statutestatutes, regulationincluding Mass. Gen. Law §21E or in any regulations promulgating pursuant thereto as such statutes and regulations have been or may be amended from time to time, ordinanceor in any other applicable Law, order including without limitation those elements or decree relating to health, safety compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or the environmentlist of toxic pollutants designated by Congress or said agency, or (b) any petroleum products, including without limitation, gasoline, diesel fuel, fuel oil, heating oil, kerosene, naphtha, benzene, lubricating oil, motor oil, used oil and waste oil, asbestos and materials containing asbestos, lead paint and polychlorinated biphenyls (“PCBs”) (all of the foregoing in clauses (a) and (b) being herein collectively called “Hazardous Substances”). Notwithstanding anything Borrower has not received, handled, used, stored, treated, shipped or disposed of any Hazardous Substances, except for Permitted Substances. Except as specifically described in the Report, no release or threatened release of Hazardous Substances has occurred on, at, under, about, in or from the Mortgaged Property. To the best of Borrower’s knowledge, there is no civil, criminal or administrative action, suit, demand, claim, hearing, lien, request for information, notice or demand letter, notice of violation, citation, penalty, investigation or proceeding pending or threatened with respect to the contrary set forth hereincondition, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance or occupancy of the Real PropertyMortgaged Property which relates to Hazardous Substances or any Law referred to in this Section 1.02.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Seller’s possession and control (the “Environmental Reports”)knowledge, and Seller has delivered a true based solely on, and correct copy of each such report to Buyer. Except except as otherwise disclosed in set forth in, the Existing Environmental Reports, (a) no Hazardous Materials Reports (as hereinafter defined) have been used, generated, stored at, in or under or disposed as to matters occurring before Seller came into ownership of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) no “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated”, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, that term is defined in the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., the Superfund Amendments Resource Conservation and Reauthorization Recovery Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act1976, as amended, the Federal Clean Water Act42 U.S.C. § 6901, the Federal Clean Air Act, the Toxic Substances Control Actet seq., and the rules and regulations promulgated pursuant to these acts, any so-called “super-fund” or “super-lien” laws or any applicable state or local statutelaws (collectively, regulationthe “Environmental Laws”), ordinancenor any other pollutants, toxic materials, or contaminants have been or shall prior to Closing be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape on the Property, (ii) no asbestos or asbestos containing materials have been installed, used, incorporated into, or disposed of on the Property, (iii) no polychlorinated biphenyls are located on or in the Property, in the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils, or any other device or form, (iv) no underground storage tanks are located on the Property, (v) no investigation, administrative order, consent order and agreement, litigation, or decree settlement with respect to hazardous substances has been entered into with respect to the Property, and (vi) the Property has not previously been used as a landfill, cemetery, or as a dump for garbage or refuse. As used herein, the term “Existing Environmental Reports” shall mean the reports and studies listed on Exhibit E attached hereto and by reference incorporated herein. Seller represents to Purchaser that to its knowledge the Existing Environmental Reports constitute all of the environmental reports and studies relating to health, safety the Land and Improvements obtained by Seller or any affiliate of Seller or otherwise in the environmentpossession or control of Seller. Notwithstanding anything to the contrary Except as expressly set forth hereinin Section 6.1(f) and this Section 6.1(i), Seller has disclosed makes no representation whatsoever regarding: (a) compliance with Environmental Laws, or (b) the presence, location or scope of any materials, waste, contaminates, pollutants, mold, fungus, bacteria or other substances or conditions which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, or contain petroleum products or by-products, asbestos, heavy metals, or are defined as toxic, dangerous to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyhealth or otherwise hazardous by reference to any Environmental Laws.

Hazardous Substances. Schedule H attached hereto lists all environmental reports(a) For the purposes of this section, auditsHAZARDOUS SUBSTANCES means any substance, studies and similar documents relating or class of substance or mixture of substances which may be detrimental to the Real Property which are in Sellerenvironment, plant or animal life, or human health and includes, without limitation, flammable, explosives, or radioactive materials, asbestos, polychlorinated biphenyl’s possession (PCB’s), chemicals believed to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances and control related materials, petroleum and petroleum products, any substance that, if added to water, may degrade or alter or form part of a process of degradation or alteration of the quality or temperature of that water to the extent that it is detrimental to its use by man or by any animal, fish or plant, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority having jurisdiction over the Landlord, the Tenant, the Leased Premises or the Building (the “Environmental ReportsAuthorities”). (b) If the Tenant shall cause or permit any Hazardous Substances to be brought onto, created in, released or discharged from, placed or disposed of, at or near the Leased Premises, the Tenant shall be responsible at its own expense to completely remedy the occurrence to the reasonable satisfaction of the Landlord. (c) The Tenant shall not cause or permit to occur any violation of any federal, provincial, municipal or local law, ordinance, or regulation, now or hereinafter enacted (the “Laws”), and Seller has delivered a true and correct copy of each such report related to Buyer. Except as otherwise disclosed in the Environmental Reportsenvironmental conditions on, (a) no Hazardous Materials (as hereinafter defined) have been usedunder, generated, stored at, near or about the Leased Premises, or related to the Landlord, the Tenant or the Building, air, soil or ground water condition, including without limitation, the generation, storage or disposal of Hazardous Substances. (d) The Tenant shall: (i) at its own expense comply with the Laws; (ii) at its own expense make all submissions to, provide all information required by, and comply with all requirements of the Authorities under the Laws; and (iii) indemnify, defend and hold harmless the Landlord, the Landlord’s mortgagees, any manager of the Building, and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees, from all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (including legal fees on a solicitor and his own client basis and consultants’ fees) arising out of or in any way connected with any deposit, spill, discharge, or under other release of Hazardous Substances that occurs during the Term or disposed of any renewal or extension period, at or from the Real Property during Leased Premises, and caused by the period Tenant or those for whom it is in law responsible, or which arises at any time from the Tenant’s use or occupancy of Sellerthe Leased Premises, or from the Tenant’s ownership except in accordance with Environmental Laws failure to provide all information, make all submissions, and take all steps required by this Section or by the Authorities. (as hereinafter defined)iv) pay for any and all remediation and clean up costs including but not limited to paying all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (bincluding legal fees on a solicitor and his own client basis and consultants’ fees) no Hazardous Materials are present at, in or under the Real Property at levels arising out of or in quantities in violation ofany way connected with any deposit, spill, discharge, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or other release of Hazardous Materials on Substances that occurs during the Term or any renewal or extension period, at or from the Real PropertyLeased Premises, or which arises at any time from the Tenants’ use or occupancy of the Leased Premises, or from the Tenants’ failure to provide all information, make all submissions, and take all steps required by this Section or by the Authorities. (de) Notwithstanding any other provision of this Lease, if the Tenant creates or brings to the Leased Premises any Hazardous Substances or if the conduct of the Tenant’s business shall cause there are no underground storage tanks located on to be any Hazardous Substances at or near the Real Property. As used hereinLeased Premises, or discharged or released on, under or about the Leased Premises, the term (i) “Building or the lands upon which the Building is constructed, the air, soil or ground water, then notwithstanding any rule of law to the contrary, such Hazardous Materials” Substances shall mean be and include, but remain the sole and exclusive property of the Tenant and shall not be limited tobecome the property of the Landlord, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because notwithstanding the degree of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or affixation to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), Leased Premises of the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Hazardous Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environmentgoods containing the Hazardous Substances. This affirmation of the Tenant’s interest in the Hazardous Substances or the goods containing the Hazardous Substances shall not however prohibit the Landlord from dealing with such material as otherwise provided for in this Lease. (f) All obligations of the Tenant regarding this clause and its dealing with Hazardous Substances shall survive the expiry or termination of this Lease. Notwithstanding anything to the contrary set forth hereincontrary, Seller has disclosed the Landlord shall indemnify and save harmless the Tenant and those for whom it is responsible at law from and against all liabilities, claims and damages caused by or resulting from any Hazardous Substance existing or generated prior to Buyer that the Partnership may store and use on date the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in Premises were first used or occupied by the operation and maintenance of the Real PropertyTenant.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Seller’s possession and control (the “Environmental Reports”)'s knowledge, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in based -------------------- solely on the Existing Environmental Reports, (a) no Hazardous Materials Reports (as hereinafter defined) have been used, generated, stored at, in or under or disposed as to matters occurring before the Seller came into ownership of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all no "hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated", as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, that term is defined in the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980, as amended, 42 U.S.C. (s) 9601, et seq., the Superfund Amendments Resource Conservation and Reauthorization Recovery Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act1976, as amended, the Federal Clean Water Act42 U.S.C. (s) 6901, the Federal Clean Air Act, the Toxic Substances Control Actet seq., and the rules and regulations promulgated pursuant to these acts, any so-called "super-fund" or "super-lien" laws or any applicable state or local statutelaws, regulationnor any other pollutants, ordinancetoxic materials, or contaminants have been or shall prior to Closing be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape on the Property, (ii) no asbestos or asbestos containing materials have been installed, used, incorporated into, or disposed of on the Property, (iii) no polychlorinated biphenyls are located on or in the Property, in the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils, or any other device or form, (iv) no underground storage tanks are located on the Property or were located on the Property and subsequently removed or filled, (v) no investigation, administrative order, consent order and agreement, litigation, or decree settlement with respect to hazardous substances is proposed, threatened, anticipated or in existence with respect to the Property, and (vi) the Property has not previously been used as a landfill, cemetery, or as a dump for garbage or refuse. As used herein, the term "Existing Environmental Reports" shall mean the reports and studies listed on Exhibit "T" attached hereto and by ---------- reference incorporated herein. Seller represents to Purchaser that the Existing Environmental Reports constitute all of the environmental reports and studies relating to healththe Land and Improvements obtained by Seller or any affiliate of Seller or otherwise in the possession or control of Seller. The representations and warranties set forth in this Paragraph 19 shall expressly survive the execution and delivery of the Special Warranty Deed conveying the Land and Improvements from Seller to Purchaser for a period of one (1) year after Closing whereupon they shall expire, safety or the environment. Notwithstanding anything except to the contrary set forth hereinextent that with respect to any particular alleged breach, Purchaser gives Seller has disclosed written notice prior to Buyer that the Partnership may store expiration of said one (1) year period of such alleged breach and use on files an action against Seller with respect thereto within ninety (90) days after the Real Property reasonable quantities giving of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertysuch notice.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsTo Borrower’s knowledge, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except except as may otherwise disclosed be set forth in the Environmental ReportsReport, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation in any material respect of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien nor has Borrower or Operating Tenant received written notice of a judicial or administrative notice or action or, regulationto Borrower’s knowledge, ordinanceinquiry, order investigation or decree claim relating to healthhazardous or toxic substances, safety or toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or which requires remediation pursuant to the contrary set forth hereinapplicable law (“Toxic Mold”) or any other substances or materials which are defined as hazardous or toxic under or regulated by Environmental Laws (collectively, Seller has disclosed to Buyer “Hazardous Substances”; provided, however, that the Partnership may store and use on the Real Property reasonable Hazardous Substances shall not include de minimis quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use such substances commonly used in the ordinary course of business of, or day-to-day operation and maintenance of the Real Property by, Borrower, Operating Tenant, Manager, any guest or any tenant at the Property ); (iii) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance in all material respects with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which are reasonably likely to migrate on to or from the Property and require remediation by Borrower or Operating Tenant pursuant to applicable law; (v) no Toxic Mold is on or about the Property which requires remediation pursuant to applicable law; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no written environmental investigations, studies, audits, reviews or similar analyses conducted by or on behalf of Borrower or Operating Tenant which have not been provided to Lender.

Hazardous Substances. Except as set forth in Schedule H attached hereto lists 4.21: (a) To Seller’s knowledge, the DSD Business is, and during the past five (5) years has been, in compliance and the Transferred Facilities are, and during the past five (5) years have been, operated and maintained by Seller in compliance with all Environmental Laws including laws relating to Hazardous Substances, except where non-compliance would not, individually or in the aggregate, have a Material Adverse Effect. Seller has, and during the past five (5) years has had, all Permits required under any Environmental Law and the DSD Business and the Facilities are, and at all times have been in compliance with such Permits, except where non-compliance would not, individually or in the aggregate, have a Material Adverse Effect. During the five (5) years preceding the Closing, Seller has not received any written notice that the DSD Business or the Transferred Facilities is or were claimed to be in violation of the provisions of any Environmental Law or in non-compliance with the conditions of any Permit, and there are no Claims pending or, to the knowledge of Seller, threatened to that effect. To Seller’s knowledge, during the past five (5) years there have been no Hazardous Substance Releases at the Transferred Facilities which were reportable under Applicable Laws. (b) Seller has delivered true, complete and correct copies of (i) all written reports of all environmental reportsinvestigations, assessments, studies, audits, studies and test results, which have been conducted at any Transferred Facility within the past five (5) years by any outside attorney, environmental consultant or engineer engaged by Seller for such purpose, and (ii) to the knowledge of Seller, all Permits, reports, and filings required by any applicable Environmental Laws, OSHA safety complaints or other similar documents documentation required by law to be filed with any Governmental Authority during the past five (5) years relating to the Real Property which are in Seller’s possession and control (ownership or operation of the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed Transferred Facilities in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period possession of Seller’s ownership except . All such documents referenced in accordance with Environmental Laws the foregoing clauses (as hereinafter definedi) and (ii) are listed on Schedule 4.21(b), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, . (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there There are no underground storage tanks located on currently used or operated on, in or under any of the Real Property. As used hereinTransferred Facilities, and, to Seller’s knowledge, no underground storage tanks currently exist on, in or under any of the term Transferred Facilities. (id) “To the Seller’s knowledge, there are no asbestos, asbestos containing materials or any PCB containing equipment or fixtures which would require remediation, decommissioning, decontamination, abatement or removal for continued operations at the Transferred Facilities. (e) There are no Judgments by any Governmental Authority or quasi-governmental entity relating to any Environmental Law which regulate, obligate, bind or in any way affect the DSD Business or the Transferred Facilities. (f) To Seller’s knowledge, there is not and has not been during the past five years any Hazardous Materials” shall mean and includeSubstance used, but shall not be limited togenerated, any petroleum product and all hazardous treated, stored, transported, disposed of, handled or toxic substancesotherwise existing on, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing about any Transferred Facility, except for quantities of any such Hazardous Substances stored or hereafter enacted otherwise held on, under or promulgated, as they may be amended from time to time), the about any such Transferred Facility in compliance with all Environmental Laws, and . (iig) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth hereinTo Seller’s knowledge, Seller has disclosed at all times used, generated, treated, stored, transported, disposed of or otherwise handled its Hazardous Substances in substantial compliance with all Environmental Laws and in a manner that will not result in liability of Seller or Buyer under any Environmental Law. (h) To Seller’s knowledge, there are no present or past Environmental Conditions (as defined below) in any way related to Buyer that the Partnership may store and use on DSD Business or the Real Property reasonable quantities of gasolineTransferred Facilities which would have a Material Adverse Effect. “Environmental Conditions” means the introduction into the soil, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance groundwater or environment of the Real PropertyTransferred Facilities (through leak, spill, release, discharge, escape, emission, dumping, disposal or otherwise) of any pollution, including without limitation any contaminant, irritant or pollutant or Hazardous Substance (upon the property of the DSD Business and only where such pollution constituted at the time thereof a violation of any Environmental Law).

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Borrower's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, investigation: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated, substances, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the environmentMortgaged Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. Notwithstanding anything So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable be kept free from Hazardous Substances (other than de minimis quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides Hazardous Substances that are necessary and cleaning products for use lawfully used in the operation and maintenance of the Real Mortgaged Property as currently operated, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and, if not so paid, shall be added to the principal balance of the sums due under the Note and the Mortgages (or either of them) and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section shall survive any termination, satisfaction, or assignment of the Mortgages (or either of them) and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Sellerbest of Borrower’s possession and control (knowledge as of the “Environmental Reports”)date hereof, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise set forth and disclosed in the Environmental ReportsReport, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything to environment or would negatively impact the contrary set forth hereinvalue of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, Seller has disclosed to Buyer that “Hazardous Substances”); (iii) no Hazardous Substances are or have been discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Partnership may store and use Property other than in compliance with all Environmental Laws; (iv) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities Property; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed Without limiting any disclosures made in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term Report: (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time)Borrower’s knowledge, the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental LawsResponse, Compensation and (ii) “Environmental Laws” shall mean and include Liability Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, to the extent relating to Hazardous Substances, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses related to Hazardous Substances and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to Borrower’s knowledge, the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulationproceeding, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, no Hazardous Substances are or have been (including the contrary set forth hereinperiod prior to Owner’s acquisition of the Property), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Buyer that Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Partnership may store and use Property; (v) to Borrower’s knowledge, no Toxic Mold is on or about the Property at concentrations exceeding ambient air levels for which any Environmental Laws require removal thereof by remediation professionals; (vi) to Borrower’s knowledge, no underground storage tanks or underground storage receptacles exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use any Borrower Party or which are in the operation and maintenance of the Real Propertyany Borrower Party’s possession which have not been provided or made available to Lender.

Hazardous Substances. Schedule H attached hereto lists all Except as disclosed in any environmental reportsreport delivered to or obtained by Lender, auditsOriginal Lender or AmTrust Bank in connection with the Loan, studies and similar documents relating to the Real Property which are in Seller’s possession and control (best of the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, Obligors’ knowledge (a) no spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any Hazardous Materials Substances (as hereinafter defineddefined below) have been usedhas occurred on, generatedunder, stored at, in from or under or disposed of at or from onto the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined)Property, (b) there are no Hazardous Materials are present at, in Substances located on or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental LawProperty, (c) neither Seller nor no condition exists at the Partnership has received Property which violates any notice Environmental Requirements, or which requires cleanup or corrective action of any violation of kind under any Environmental Laws or the presence or release of Hazardous Materials on or from the Real PropertyRequirements, and (d) there are no underground storage tanks located on written notice of violation, lien, complaint, suit, order or other written notice with respect to the Real Propertyenvironmental condition of the Property is outstanding, nor has any such notice been issued which has not been fully satisfied and complied with in a timely fashion so as to bring the Property into full compliance with all Environmental Requirements. As used herein, the term (i) “Hazardous MaterialsSubstances” shall mean and includemeans any hazardous, but shall not be limited totoxic or dangerous waste, any petroleum product and all hazardous substance or toxic substancesmaterial, wastes pollutant or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedcontaminant, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, defined for purposes of the Comprehensive Environmental Response, Compensation and Liability Act of 1980of—1980 (42 U.S.C. Sections 9601 et seq.), as amended, or the Superfund Amendments Resource Conservation and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal ActRecovery act (42 U.S.C. Sections 6901 et seq.), as amended, the Federal Clean Water Actor any other federal, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulationlaw, ordinance, order rule or decree relating to health, safety or the environment. Notwithstanding anything regulation applicable to the contrary set forth hereinProperties (collectively, Seller has disclosed to Buyer the “Environmental Requirements”), or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), or radon gas, urea formaldehyde, asbestos or lead; provided, however, that the Partnership may store and use on the Real Property reasonable quantities above representation shall not apply to de minimus amounts of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance Hazardous Substances which are allowed as a matter of the Real Propertylaw pursuant to Environmental Requirements.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in To Seller’s possession and control (the “Environmental Reports”)'s knowledge, and except as disclosed in any Environmental Reports provided to or obtained by Purchaser, Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no not received written notice that any Hazardous Materials Substances (as hereinafter defined) have been used, generated, stored atreleased or discharged on, in or under or disposed of at or from the Real Property during the period in violation of Seller’s ownership except in accordance with any applicable Environmental Laws (as hereinafter defined). For purposes of this Agreement, (ba) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term "Hazardous Substances" shall mean and include any substance which is or contains: (i) any “Hazardous Materialshazardous substance” shall mean as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and includeLiability Act of 1980, but shall not as now or hereafter amended (42 U.S.C. Section 9601 et seq.) (“CERCLA”) or any regulations now or hereafter promulgated under CERCLA; (ii) any “hazardous waste” as now or hereafter defined in the Resource Conservation and Recovery Act of 1976, as now or hereafter amended (42 U.S.C. Section 6901, et seq.) (“RCRA”) or any regulations now or hereafter promulgated under RCRA; (iii) any substance now or hereafter regulated by the Toxic Substances Control Act, as now or hereinafter amended (15 U.S.C. Section 2601, et seq.) (“TSCA”), or any regulations now or hereafter promulgated under TSCA; (iv) gasoline, diesel fuel, oil or other petroleum products or derivatives or fractions thereof; (v) asbestos or asbestos-containing materials in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) radon gas; or (viii) any other substances, materials or wastes which are now or hereafter regulated or classified or considered to be limited tomutagenic, carcinogenic, radioactive, hazardous or toxic under any petroleum product and all existing or future federal, state or local law, statute, court decision, common law, code, ordinance, order, rule or regulation relating to hazardous or toxic substances, materials or wastes or substances, any substances which because the protection of their quantities, concentration, chemical the environment or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public human health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, ; and (iib) the term “Environmental Laws” shall mean and include CERCLA, RCRA, TSCA and all other federal, state and local laws, statutes, court decisions, common law, codes, ordinances, orders, rules and regulations relating to Hazardous Substances or the Resource Conservation and Recovery Act, protection of the Comprehensive Environmental Response, Compensation and Liability Act of 1980environment or human health, as same now exist and as hereafter adopted, promulgated and amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, auditsto Borrower's knowledge, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Reportsreport, dated May 23, 2003 prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loans: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Trust Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities is not in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance"HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Trust Property) discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable Environmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and (iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the environmentcase of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("LENDER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership may store and use Borrower, Manager and/or tenants on the Real Trust Property reasonable quantities may use and store ordinary amounts of gasolineHazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, oil, swimming pool chemicals, pesticides, herbicides and a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning products for use in the operation and maintenance of the Real PropertyTrust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Trust Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsSeller has not received from any third party (including any federal, auditsstate or municipal governmental agency) any written notices of claim, studies and similar documents demand letters or other express written notification that Seller is or may be potentially responsible with respect to any investigation or clean-up of any Hazardous Substances (as defined below) located on the Property. There are no underground petroleum storage tanks in, on or under the Property. Seller has not received written notice of a claim, demand, action or proceeding of any kind relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials any Release (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of any Environmental Laws or at the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used hereinin this Agreement, the term (i) “Hazardous Materials” following definitions shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) apply: “Environmental Laws” shall mean all federal, state and include local laws, ordinances, rules and regulations now or hereafter in force, as amended from time to time, in any way relating to or regulating human health or safety, or industrial hygiene or environmental conditions, or protection of the Resource Conservation environment, or pollution or contamination of the air, soil, surface water or groundwater, and Recovery Actincludes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended42 U.S.C. 9601, et seq. (“CERCLA”), the Superfund Amendments Resource Conservation and Reauthorization Act of 1986, the Federal Water Pollution Control Recovery Act, 42 U.S.C. 6901, et seq., and the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, 33 U.S.C. 1251, et seq. “Hazardous Substance(s)” shall mean any substance or material that is described as a toxic or hazardous substance, waste or material or a pollutant or contaminant or infectious waste, or words of similar import, in any of the Federal Clean Air Act, the Toxic Substances Control ActEnvironmental Laws, and includes asbestos, petroleum or petroleum products (including crude oil or any state fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or local statutesynthetic gas usable for fuel, regulationor any mixture thereof), ordinancepolychlorinated biphenyls, order urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or decree relating to healthreproductive toxicity. “Release” shall mean any spilling, safety leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities including continuing migration, of gasolineHazardous Substances into or through soil, oilair, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertysurface water or groundwater.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Tenant and similar documents relating Landlord agree to the Real Property definition of Hazardous Substance as follows: the term "Hazardous Substance", as used in this paragraph, shall mean those substances and waste which are defined as hazardous in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended42 U.S.C. Section 9601 et seq., including, but not limited to, those substances listed in the Superfund Amendments United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) and Reauthorization Act of 1986shall include, the Federal Water Pollution Control Actwithout limitation, the Solid Waste Disposal Actflammables, as amendedexplosives, the Federal Clean Water Actradioactive materials, the Federal Clean Air Actasbestos, the Toxic Substances Control Actpolychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances including, without limitation, Freon or other chlorofluorocarbons declared to be hazardous or toxic or regulated or banned under any state law or regulation now or hereafter enacted or promulgated by any government authority (hereinafter, collectively, "Hazardous Substances"). Tenant shall not cause or permit to occur: (a) any violation of any federal, state, or local statute, regulationlaw, ordinance, order or decree relating regulation now or hereafter enacted, related to healthenvironmental conditions on, safety under, or about the Leased Premises, or arising from Tenant's use or occupancy of the Leased Premises, including, but not limited to, soil and ground water conditions; or (b) the use, generation, release, manufacture, refining, production, processing, storage or disposal of any Hazardous Substance on, under or about the Leased Premises, or the environment. Notwithstanding anything transportation to or from the contrary set forth hereinLeased Premises of any Hazardous Substance. (a) Tenant shall, Seller has disclosed to Buyer at Tenant's own expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ("Laws"); (b) Tenant shall, at Tenant's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (the "Authorities") under the Laws; (c) should any Authority or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the Partnership may store and term of this Lease, at or from the Leased Premises, or which arises at anytime from Tenant's use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance or occupancy of the Real Property.Leased Premises, then Tenant shall, at Tenants own expense, prepare and submit the required plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans; (

Hazardous Substances. Except as disclosed on Schedule H attached hereto lists all environmental reports3.1(o), auditsthe Contributors have not generated, studies and similar documents relating stored, released, discharged or disposed of, nor to the Real Contributors' knowledge used or handled Hazardous Substances or Hazardous Wastes (as those terms are defined below) at, upon or from any Property in violation of any Law or in connection with which remedial action would be prudent or required under any Law. To the Contributors' knowledge and except as set forth in any environmental report provided by the Contributors to BPP or otherwise obtained by BPP, in each case fifteen (15) days after the date of this Agreement, and except as expressly disclosed on Schedule 3.1(o) attached hereto, no Hazardous Substances or Hazardous Wastes are or have been generated, stored, released, located, discharged or disposed of, used or handled from, at or upon any Property, and no Hazardous Substance or Hazardous Waste is or has been located on any Property, except for cleaning and maintenance supplies used in connection with properties similar to the Properties and except for materials sold in the retail Properties which are customarily sold in Seller’s possession and control (the “Environmental Reports”)comparable retail properties, and Seller has delivered a true and correct copy of in each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) case which have been used, generatedstored and sold, stored atas applicable, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance compliance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Propertyall applicable Laws. As used hereinin this Agreement, the term (i) “terms "Hazardous Materials” Substances" and "Hazardous Wastes" shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to have the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980Act, 42 U.S.C. Sections 1251 et seq, as amended, and the Superfund Amendments regulations thereunder (collectively, "CERCLA"), Solid Waste Disposal Act, 42 U.S.C. Sections 6901 et seq., as amended, including amendments under Resource Conservation and Reauthorization Act of 1986Recovery Act, and the regulations thereunder (collectively, "RCRA"), and Federal Water Pollution Control Act, the Solid Waste Disposal Act33 U.S.C. Sections 1251 et seq., as amended, and regulations thereunder (collectively, "the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act"), and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radon, radioactive materials, lead paint, UFFI and any state or local statute, regulation, ordinance, order or decree relating to health, safety or other regulated substances under any Law. To the environment. Notwithstanding anything to the contrary Contributors' knowledge and except as set forth hereinin any environmental report provided by the Contributors to BPP or otherwise obtained by BPP, Seller has in each case within fifteen (15) days after the date of this Agreement, and except as expressly disclosed on Schedule 3.1(o) attached hereto, no Hazardous Substances or Hazardous Wastes other than materials customarily used in such types of properties in compliance with Environmental Laws are located on property adjacent to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use any Property. Except as disclosed in the operation environmental report(s) delivered to BPP pursuant to Section 3.1(z)(xiv) hereof or in any report obtained by BPP fifteen (15) days after, neither the Contributors, nor any Contributor has received written notice of, or has knowledge of, any notice from any Authority concerning the removal, treatment or management of any Hazardous Substances or Hazardous Wastes. BPP and maintenance of the Real PropertyOperating Partnership hereby waive any claim against the Contributors under CERCLA and RCRA and any comparable state laws, entitling BPP and the Operating Partnership to bring a claim against the Contributors.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean No Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) no Property is subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, or the environment. Notwithstanding anything any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the contrary set forth hereinbest of each Borrower’s knowledge, Seller after due inquiry, no Hazardous Substances are or have been (including the period prior to such Borrower’s acquisition of its Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from any Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect any Property; (v) no underground storage tanks exist on any Property and no Property has disclosed ever been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower in connection with the Loan which have not been provided to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyLender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy best of each such report to Buyer. Except Borrower's -------------------- knowledge after due inquiry, except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from written environmental reports delivered to Lender prior to the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term date hereof: (i) “Hazardous Materials” shall mean no Collateral Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) no Collateral Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the environment. Notwithstanding anything period prior to the contrary set forth hereinacquisition of any Collateral Property by the Borrower that owns it), Seller has disclosed discharged, generated, treated, stored on, incorporated in, or removed from any Collateral Property other than in compliance with all Environmental Laws; (iv) except for Routine Hazardous Substances, no Hazardous Substances are or have been (including the period prior to Buyer the acquisition of any Collateral Property by the Borrower that the Partnership may store owns it), disposed of or transported from any Collateral Property other than in compliance with all Environmental Laws; (v) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect any Collateral Property; and use (vi) no underground storage tanks exist on the Real Property reasonable quantities any Collateral Property. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyany Borrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reportsenvironmental assessment report delivered to Lender in connection with the Loan, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, or the environment. Notwithstanding anything any other substances or materials which are included under or regulated by Environmental Laws (collectively, "HAZARDOUS SUBSTANCES"); (iii) to the contrary set forth hereinbest of each Borrower's knowledge, Seller has disclosed after due inquiry, no Hazardous Substances are or have been (including the period prior to Buyer that such Borrower's acquisition of the Partnership may store Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; and use (v) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyany Borrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed set froth in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials Reports listed on or from the Real Property, Schedule 4.19 attached hereto and (d) there are no underground storage tanks located on the Real Property. As used herein, the term made a part hereof: (i) “Hazardous Materials” shall mean and include, but shall the Property is not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environmentknowledge of Borrower in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, includingcontamination or clean-up, without limitationincluding the Comprehensive Environmental Response, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgatedCompensation and Liability Act, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, Legal Requirements relating to Toxic Mold, and any state or super-lien and environmental clean-up statutes, any local statutelaw requiring related permits and licenses, regulation, ordinance, order or decree any common law relating to healthToxic Mold or other Hazardous Substances, safety and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, including, Toxic Mold, or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to Borrower’s knowledge, no Hazardous Substances are or have been (including the environment. Notwithstanding anything period prior to Borrower’s acquisition of the contrary set forth hereinProperty), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported to Buyer that or from the Partnership may store Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, without any obligation to enter upon and use inspect any nearby real property, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no underground storage tanks exist on the Real Property reasonable quantities and the Property to Borrower’s knowledge, has never been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsMortgagor hereby represents and warrants to Mortgagee that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed set forth in the Phase I Environmental ReportsI Site Assessment dated June 26, 1997, prepared by SCS Engineering, Inc.: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsapplicable governmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation or common law pertaining to constitute or contribute to, a danger imposing liability or hazard to public standards of conduct concerning the protection of human health, safety environmental regulation, contamination or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, "ENVIRONMENTAL LAWS"); (b) the Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated substances, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been, prior to Mortgagor's acquisition of the environmentProperty, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. Notwithstanding anything So long as Mortgagor owns or is in possession of the Property, Mortgagor shall keep or cause the Property to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable be kept free from Hazardous Substances (other than DE MINIMIS quantities of gasolineHazardous Substances that are necessary and lawfully used in the operation of the Property as a hotel or motel, oiland which are stored and disposed of in compliance with all Environmental Laws, swimming pool chemicalsincluding, without limitation, chlorinators, pesticides, herbicides fertilizers, de-icers, cleaning supplies and cleaning products for use other Hazardous Substances used by Mortgagor or its agents in the operation and maintenance of the Real Property) and in compliance with all Environmental Laws, shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on the Property and/or if Mortgagor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Mortgagor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Mortgagor becomes aware of such Hazardous Substances or such violations, at Mortgagor's sole expense. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. Upon Mortgagee's request, at any time and from time to time while this Mortgage is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Mortgagee's election but at Mortgagee's expense), Mortgagor shall provide at Mortgagor's sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Mortgagee indicating the presence or absence of Hazardous Substances on the Property. If Mortgagor fails to provide such inspection or audit within thirty (30) days after such request, Mortgagee may order such inspection or audit, and Mortgagor hereby grants to Mortgagee and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Mortgagor and added to the principal balance of the sums due under the Note and this Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Mortgagor under this Section shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies thereunder including, without limitation, the acquisition of the Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Mortgagor hereby represents and similar documents relating warrants to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except Mortgagee that except as otherwise disclosed set forth in the Environmental Reports, environmental report delivered to Mortgagee on the Closing Date in connection with the closing of the Loan: (a) no Hazardous Materials (as hereinafter defined) have been usedexcept where the failure to comply is not reasonably likely to cause a Material Adverse Change the Mortgaged Property is in full compliance with all local, generatedstate, stored atfederal and other governmental authority statutes, in ordinances, codes, orders, decrees, laws, rules and regulations pertaining to or under imposing liability or disposed standards of at conduct concerning environmental regulation, contamination or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environmentclean-up, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments Resource Conservation and Reauthorization Recovery Act of 1976, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Federal Water Pollution Control Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all regulations, orders and guidelines adopted in respect of the foregoing laws, whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including, without limitation, asbestos or any substance or material containing asbestos, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety or the environment. Notwithstanding anything welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) to the contrary set forth hereinbest knowledge of Mortgagor no Hazardous Substances are or have been (including, Seller has disclosed the period prior to Buyer that Mortgagor's acquisition of the Partnership may store Mortgaged Property) released, discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) to the best knowledge of Mortgagor no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and use (e) to the best knowledge of Mortgagor no underground storage tanks exist on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use Mortgaged Property. So long as Mortgagor owns or is in the operation and maintenance possession of the Real Mortgaged Property., Mortgagor: (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property to be kept in compliance with all Environmental Laws; (iii) shall promptly notify Mortgagee in writing if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to To the Real Property which are in Seller’s possession and control (the “Environmental Reports”)knowledge of One Winthrop, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed to One Winthrop or the Partnership in written reports from the Environmental ReportsLocal Limited Partnerships to their limited partners, copies of which have been provided to the RESI II Fund, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor none of the Partnership Partnership, One Winthrop, ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇ or the LLP General Partner or any Affiliate of any of the foregoing has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, "Hazardous Substances" -------------------- -------------------- means any pollutants, flammable or ignitable explosives, radioactive materials, or hazardous, toxic, corrosive or dangerous wastes, substances or related materials, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the term (i) “Hazardous Materials” shall mean health and includesafety of the occupants of the Leased Premises or the Building, including, but shall not be limited to, any asbestos, lead-based paints, radon, polychlorobiphenyls ("PCBs"), ---- petroleum product products and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environmentbyproducts, including, without limitationbut not limited to, any underground storage tanks and other petroleum-related matters. Hazardous Substances shall include substances defined or listed as "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants," "toxic substances," "asbestos-containing materials" or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, similarly identified in the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act, as now or hereafter amended; in the Hazardous Materials Transportation Act, as now or hereafter amended; in the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Colorado Asbestos Control Act, the Solid Waste Disposal Act(S) 25-7-501, et seq., C.R.S., as now or -- --- hereafter amended; and in any other federal, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulationlaw, ordinance, code, rule, regulation, order or decree regulating, relating to healthor imposing liability or standards of conduct concerning any hazardous, safety toxic or dangerous waste, substance or material; and shall include any substances or mixture regulated under the environment. Notwithstanding anything to Toxic Substance Control Act of 1976, as now or hereafter amended; and any "toxic pollutant" or "pollutant" under the contrary set forth hereinClean Water Act, Seller has disclosed to Buyer that as now or hereafter amended, or under the Partnership may store Colorado Water Quality Control Act; or any hazardous air pollutant under the Clean Air Act, as now or hereafter amended, and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use any "hazardous waste" as defined in the operation and maintenance (S) ▇▇-▇▇-▇▇▇ of the Real PropertyColorado Revised Statutes.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies The Borrower warrants and similar documents relating represents to the Real Property which are -------------------- Administrative Agent, Issuing Bank and the Banks that to the best of their knowledge and belief and based on environmental assessments of the Inventory commissioned by the Borrower, except to the extent disclosed to the Administrative Agent in Seller’s possession environmental assessments or other writings or to the extent that it would not materially and control (adversely affect the “Environmental Reports”)use and marketability of any Inventory, the Inventory has not been and is not now being used in violation of any federal, state or local environmental law, ordinance or regulation, that no proceedings have been commenced, or notice(s) received, concerning any alleged violation of any such environmental law, ordinance or regulation, and Seller has delivered a true and correct copy that the Inventory is free of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances and wastes, contaminants, oil, radioactive or other materials the removal of which is required or the maintenance of which is restricted, prohibited or penalized by any federal, state or local agency, authority or governmental unit except as set forth in the site assessments. The Borrower covenants that it shall neither permit any such materials to be brought on to the Inventory, nor shall it acquire real property to be added to the Loan Inventory upon which any such materials exist, except to the extent disclosed to the Administrative Agent in environmental assessments or other writings or to the extent that it would not materially and adversely affect the use and marketability of any Inventory; and if such materials are so brought or found located thereon, such materials shall be immediately removed, with proper disposal, to the extent required by applicable environmental laws, ordinances and regulations, and all required environmental cleanup procedures shall be diligently undertaken pursuant to all such laws, ordinances and regulations. The Borrower further represents and warrants that the Borrower will promptly transmit to the Administrative Agent and the Banks copies of any citations, orders, notices or other material governmental or other communications received with respect to any hazardous materials, substances, wastes or other environmentally regulated substances affecting the Inventory. Notwithstanding the foregoing, there shall not be a default of this provision should the Borrower store or use minimal quantities of the aforesaid materials, provided that: such substances are of a type and are held only in a quantity normally used in connection with the construction, occupancy or operation of comparable buildings or residential developments (such as cleaning fluids and supplies normally used in the day to day operation of residential developments), such substances are being held, stored and used in complete and strict compliance with all applicable laws, regulations, ordinances and requirements, and the indemnity set forth below shall always apply to such substances, any substances which because and it shall continue to be the responsibility of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected the Borrower to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included take all remedial actions required under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in accordance with this Agreement in the operation and maintenance event of the Real Propertyany unlawful release of any such substance.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsTo the best knowledge of Borrower, auditsafter due inquiry, studies and similar documents relating except as set forth in the Phase I Environmental report delivered to Lender prior to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)date hereof, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment. Notwithstanding anything environment or would negatively impact the value of the Property ("Toxic Mold") or any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (iii) after due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the contrary set forth hereinbest of Borrower's knowledge, Seller has disclosed after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to Buyer that or otherwise affect the Partnership may store and use Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower which have not been provided to Lender.

Hazardous Substances. Except as (i) disclosed on Schedule H attached 7.1.10 hereto lists all or in any of the environmental reportsreports furnished to Purchaser or otherwise obtained by Purchaser, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except or as otherwise disclosed by Seller to Purchaser in writing, or (ii) would not have a material and adverse effect on the Environmental ReportsProperty or the business of Seller operated thereon, (a) no Hazardous Materials Seller's operation and management of the Property and, to the best of Seller's knowledge, the Property is not in violation of any Environmental Law (as hereinafter defined) or subject to any pending or, to the best of Seller's knowledge, threatened litigation or inquiry by any governmental authority or to any remedial action or obligations under any Environmental Law; (b) no underground storage tanks have been used, generated, stored at, in or under or disposed of at or from located on the Real Property by Seller during the their period of ownership and Seller is not otherwise aware of any underground storage tanks having been located at the Property; (c) Seller has not used the Property and, to the best of Seller’s ownership 's knowledge, no other party has used the Property, for the storage, treatment or disposal of hazardous waste, hazardous material, chemical waste, or other toxic substance except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks hazardous substances or toxic wastes have been disposed of or located on upon the Real PropertyProperty by Seller, and, to the best of Seller's knowledge, by any other party, in violation of applicable Environmental Law (including, without limitation, asbestos and PCBs. As used herein, the term (i) “Hazardous Materials” shall mean "Environmental Law" means any law, statute, ordinance, rule, regulation, order or determination of any governmental authority or agency affecting the Property and includepertaining to health or the environment including, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 1982 and the Superfund Amendments Resource Conservation and Reauthorization Recovery Act of 1986. Prior to Closing, Seller agrees to promptly notify Purchaser of any fact of which Seller acquires actual knowledge which would cause this representation to become false and of any written notice that Seller receives regarding the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary matters set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertythis SECTION 7.1.10.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsMortgagor hereby represents and warrants to Mortgagee that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession best of Mortgagor's knowledge, after due inquiry and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except investigation except as otherwise disclosed in the report dated November 25, 1997, prepared by Certified Environmental Reports, Inc. (the "PHASE I REPORT") and delivered to Mortgagee in connection with the Loan: (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in direct or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in indirect violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 19801986, as amended, the Superfund Amendments and Reauthorization Act of 1986Hazardous Substances Transportation Act, the Federal Water Pollution Control Actas amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statutematerials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, regulationsafety and welfare of humans (collectively, ordinance"HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been discharged, order generated, treated, disposed of or decree relating stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Mortgagor shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Mortgagee in the environmentcase of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Mortgagee ("MORTGAGEE'S CONSULTANT")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Notwithstanding anything to the contrary set forth hereinin this paragraph, Seller has disclosed to Buyer that the Partnership Mortgagor may use and store and immaterial amounts of Hazardous Substances at the Mortgaged Property if such use on or storage is in connection with the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and ordinary cleaning products for use in the operation and maintenance of the Real PropertyMortgaged Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Mortgagor under this Paragraph 34 shall survive any termination, satisfaction, or ------------ assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsWithout limiting the generality of any other representation or warranty contained in this Mortgage, auditsthe Mortgaged Property and the existing uses thereof comply and, studies and similar documents relating to the Real Property which best of Mortgagor's knowledge, at all times have complied in all respects with all Environmental Laws in effect on the date of this Mortgage; all Environmental Authorizations have been duly issued or granted and are in Seller’s possession full force and control (the “Environmental Reports”)effect; and Mortgagor is not, and Seller at no time since Mortgagor acquired ownership or possession of the Mortgaged Property or any portion thereof has delivered a true and correct copy Mortgagor been, in violation of each such report any Environmental Law with respect to Buyerthe Mortgaged Property. Except as otherwise disclosed in Without limiting the Environmental Reports, generality of the foregoing: (a) No Hazardous Substances are being, or are intended or threatened to be, and, to the best of Mortgagor's knowledge, no Hazardous Materials (as hereinafter defined) Substances have been ever been, used, received, handled, generated, stored manufactured, produced, processed, treated, stored, released, placed, spilled, discharged, disposed of or dispersed at, in or otherwise caused to become situated, at, on, under or disposed about the Mortgaged Property, and no portion of the Mortgaged Property has been used at any time as a landfill or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined)a waste treatment, storage or disposal facility; (b) no Hazardous Materials are present None of the Improvements contains (and, to the best of Mortgagor's knowledge, none of the Improvements which at any time were a part of, or were situated at, in on or under the Real Mortgaged Property at levels or in quantities in violation of, or that would require investigation or cleanup under, contained) any Environmental Law, Hazardous Substances; (c) neither Seller nor No underground storage tanks or other underground storage facilities are, or, to the Partnership has received any notice best of any violation of Environmental Laws or the presence or release of Hazardous Materials Mortgagor's knowledge, have ever been, situated on or from under the Real Mortgaged Property, and ; (d) there are no underground storage tanks located on To the Real Property. As used hereinbest of Mortgagor's knowledge, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and the ambient air quality at the Mortgaged Property complies with the requirements of all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, Laws and (ii) “the present levels of radon, formaldehyde, asbestos and all other Hazardous Substances, to the extent any such Hazardous Substances exist at, on, under or about the Mortgaged Property, are within the limits prescribed by all Environmental Laws” shall mean ; (e) Neither the Mortgaged Property nor, to the best of Mortgagor's knowledge, any land which adjoins any portion of the Mortgaged Property, contains or is affected by any dam, well, reservoir, inland wetland, watercourse or water discharge; and (f) Mortgagor has not received or had served upon it any summons, citation, directive, order, Notice or other communication, oral or written, which (i) claims or alleges any failure to comply with any Environmental Law with respect to the Mortgaged Property or (ii) contains any statement(s) or fact(s) which, if true, would signify that any representation, warranty or statement contained in this Mortgage is other than complete and include correct. With respect to the Resource Conservation and Recovery Actownership, use, operation or maintenance of the Comprehensive Environmental ResponseMortgaged Property or the conduct of Mortgagor's business thereat, Compensation and Liability Act of 1980(y) no writ, as amendedinjunction, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinancedecree, order or decree relating judgment is outstanding and (z) no suit, claim, action, proceeding or investigation has been instituted or filed with respect to healthany Environmental Law (and, safety or the environment. Notwithstanding anything to the contrary set forth hereinbest of Mortgagor's knowledge, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products no basis for use in the operation and maintenance any of the Real Propertyforegoing exists). No lien has been filed against or imposed upon any of the Mortgaged Property with respect to any Environmental Law. Each of the representations and warranties contained in this Section 3.14 shall be deemed made by Mortgagor with respect to all other land, together with the buildings, structures, equipment and other improvements thereon, in whole or in part owned, leased, operated or occupied by Mortgagor.

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean Each Company has substantially complied with and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include is in substantial compliance with the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Clean Air Act, as amended, and all other Rules relating to pollution or protection of public health, welfare and the Federal Clean Water Actenvironment, including laws relating to emissions, discharges, disposal practices, releases or threatened releases of toxic or hazardous substances or hazardous wastes, including asbestos and polychlorinated biphenyls, or other pollutants, contaminants, petroleum products or chemicals (collectively, "HAZARDOUS SUBSTANCES") into the environment (including ambient air, indoor air, surface water, ground water, land surface or sub-surface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances (collectively, the Federal Clean Air Act, the Toxic Substances Control Act, "ENVIRONMENTAL LAWS"). (ii) Each Company has obtained and any state or local statute, regulation, ordinance, order or decree relating is in substantial compliance with all licenses which it is required to health, safety or the environment. Notwithstanding anything obtain and maintain with respect to the contrary set forth hereinoperation of the quepasa Business under the Environmental Laws. (iii) There are no polychlorinated biphenyls or asbestos generated, Seller has disclosed to Buyer that treated, stored, disposed of, or otherwise deposited in or located on any of the Partnership may store and use on the quepasa Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance there are no above ground or underground storage tanks located on any of the quepasa Real Property. (iv) There has been no "release" of a "hazardous substance" as those terms are defined in Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 ET SEQ. in excess of a reportable quantity from or under any of the quepasa Real Property or any other property that is used to conduct. (v) No notice, demand, request for information, citation, summons, complaint or order has been received by, or, to the knowledge of the Company, is pending or threatened by any Person against any Company nor has any penalty been assessed against any Company with respect to any alleged violation of any Environmental Law. (vi) No Company has disposed or arranged for the disposal of Hazardous Substances on any third party property that has resulted in or could reasonably be expected to result in a quepasa Material Adverse Effect. (vii) No underground tanks, asbestos-containing material or polychlorinated biphenyls are or have been located on quepasa Real Property nor were any underground tanks, asbestos-containing material or polychlorinated biphenyls located on real property formerly owned or operated by any Company during the period of any Company's ownership or operations of such real property, or to the knowledge of the Company, prior to the period of the Company's ownership or operations of such real property. (viii) There are no material licenses, permits or other authorizations ("PERMITS") issued pursuant to or required under any Environmental Law which require the consent, notification, approval or other action of any Person to remain in full force and effect following consummation of the transactions contemplated hereby. (ix) There has been no written report of any environmental investigation, study, audit, test, review or other analysis conducted of which any Company has knowledge or has in its possession or control relating to the business of any Company or any real property that is owned or operated by any Company which has not been made available to Parent. (x) No Company has agreed to assume, undertake or provide indemnification for any liability of any other person under any Environmental Law, including any obligation for corrective or remedial action. (xi) To quepasa's knowledge, no environmental assessment or impact reports exist with respect to the quepasa Real Property.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsA. Signatory covenants and agrees that it will not use, auditsstore, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)maintain, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in discharge or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws conduct operations involving hazardous substances (as hereinafter defined), (b) no Hazardous Materials are present atwhether intentionally or unintentionally, in or under at the Real Property at levels or in quantities Airport in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses or permits of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertyany governmental authorities, and relating to environmental matters (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected being hereafter collectively referred to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws), including by way of illustration and (ii) “Environmental Laws” shall mean and include not by way of limitation; the Clean Air Act, the Federal Water Pollution Control Act of 1972, the Resource Conservation and Recovery ActAct of 1976, the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980, as amended, the Superfund Amendments 1980 and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, Act (including any amendments or extensions thereof and any rules, regulations, standards, or guidelines issued pursuant to any Environmental Laws). Except in compliance with all Environmental Laws, the Signatory, its Affiliates, contractors, subcontractors suppliers or subtenants, or anyone at the Airport with the consent of the Signatory shall not discharge "Hazardous Substances" (as defined hereinafter) into the sewer and/or storm water drainage systems serving the Airport, or cause any Hazardous Substances to be placed, held, stored, processed, treated, released or disposed of on or at the Airport. The Signatory will, at its sole cost and expense, immediately remove all Hazardous Substances that exist in violation of applicable Environmental Laws and as a direct result of the acts or omissions of the Signatory, its Affiliates, contractors, subcontractors, suppliers or subtenants, arising from its or their use or occupancy of the Airport; provided, however, that Signatory shall have no obligation to remove any Hazardous Substances that exist in violation of Environmental Laws and as a direct result of (i) the acts or omissions of third parties with whom the Company has no contractual relationship; or (ii) the acts or omissions of the Board. "Hazardous Substances" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics is deemed by any federal, state or local statute, regulation, ordinance, order governmental authority to pose a present or decree relating potential hazard to health, human health safety or to the environment. Notwithstanding anything Hazardous Substances include, by way of illustration and not by way of limitation, any substance defined as a "hazardous substance" or "pollutant" or "contaminant" pursuant to the contrary set forth hereinany Environmental Law; any asbestos containing materials; petroleum, Seller has disclosed to Buyer that the Partnership may store including crude oil or any fraction thereof, natural gas liquids; and use on the Real Property reasonable quantities of gasolineany other toxic, oil, swimming pool dangerous or hazardous chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance materials or substance of the Real Propertywaste(s).

Hazardous Substances. Schedule H attached hereto lists all environmental reports(a) For the purposes of this section, auditsHAZARDOUS SUBSTANCES means any substance, studies and similar documents relating or class of substance or mixture of substances which may be detrimental to the Real Property which are in Sellerenvironment, plant or animal life, or human health and includes, without limitation, flammable, explosives, or radioactive materials, asbestos, polychlorinated biphenyl’s possession (PCB’s), chemicals believed to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances and control related materials, petroleum and petroleum products, any substance that, if added to water, may degrade or alter or form part of a process of degradation or alteration of the quality or temperature of that water to the extent that it is detrimental to its use by man or by any animal, fish or plant, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority having jurisdiction over the Landlord, the Tenant, the Leased Premises or the Building (the “Environmental ReportsAuthorities”). (b) If the Tenant shall cause or permit any Hazardous Substances to be brought onto, created in, released or discharged from, placed or disposed of, at or near the Leased Premises, the Tenant shall be responsible at its own expense to completely remedy the occurrence to the satisfaction of the Landlord. (c) The Tenant shall not cause or permit to occur any violation of any federal, provincial, municipal or local law, ordinance, or regulation, now or hereinafter enacted (the “Laws”), and Seller has delivered a true and correct copy of each such report related to Buyer. Except as otherwise disclosed in the Environmental Reportsenvironmental conditions on, (a) no Hazardous Materials (as hereinafter defined) have been usedunder, generated, stored at, near or about the Leased Premises, or related to the Landlord, the Tenant or the Building, air, soil or ground water condition, including without limitation, the generation, storage or disposal of Hazardous Substances. (d) The Tenant shall: (i) at its own expense comply with the Laws; (ii) at its own expense make all submissions to, provide all information required by, and comply with all requirements of the Authorities under the Laws; and (iii) indemnify, defend and hold harmless the Landlord, the Landlord’s mortgagees, any manager of the Building, and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees, from all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (including legal fees on a solicitor and his own client basis and consultants’ fees) arising out of or in any way connected with any deposit, spill, discharge, or under other release of Hazardous Substances that occurs during the Term or disposed of any renewal or extension period, at or from the Real Property during Leased Premises, and caused by the period Tenant or those for whom it is in law responsible, or which arises at any time from the Tenant’s use or occupancy of Sellerthe Leased Premises, or from the Tenant’s ownership except in accordance with Environmental Laws failure to provide all information, make all submissions, and take all steps required by this Section or by the Authorities. (as hereinafter defined)iv) pay for any and all remediation and clean up costs including but not limited to paying all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (bincluding legal fees on a solicitor and his own client basis and consultants’ fees) no Hazardous Materials are present at, in or under the Real Property at levels arising out of or in quantities in violation ofany way connected with any deposit, spill, discharge, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or other release of Hazardous Materials on Substances that occurs during the Term or any renewal or extension period, at or from the Real PropertyLeased Premises, or which arises at any time from the Tenants’ use or occupancy of the Leased Premises, or from the Tenants’ failure to provide all information, make all submissions, and take all steps required by this Section or by the Authorities. (de) Notwithstanding any other provision of this Lease, if the Tenant creates or brings to the Leased Premises any Hazardous Substances or if the conduct of the Tenant’s business shall cause there are no underground storage tanks located on to be any Hazardous Substances at or near the Real Property. As used hereinLeased Premises, or discharged or released on, under or about the Leased Premises, the term (i) “Building or the lands upon which the Building is constructed, the air, soil or ground water, then notwithstanding any rule of law to the contrary, such Hazardous Materials” Substances shall mean be and include, but remain the sole and exclusive property of the Tenant and shall not be limited tobecome the property of the Landlord, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because notwithstanding the degree of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or affixation to the environmentLeased Premises of the Hazardous Substances or the goods containing the Hazardous Substances. This affirmation of the Tenant’s interest in the Hazardous Substances or the goods containing the Hazardous Substances shall not however prohibit the Landlord from dealing with such material as otherwise provided for in this Lease. (f) All obligations of the Tenant regarding this clause and its dealing with Hazardous Substances shall survive the expiry or termination of this Lease. (g) To the best of the Landlord’s knowledge including information provided in any environmental reports received by the Landlord which predate February 5th, including2004, without limitation, the Building does not now contain any hazardous substances beyond levels, amounts or toxic waste or substances which are included concentrations permitted under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything Laws applicable to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBuilding.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsBorrower hereby represents and warrants to Lender that, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)best of Borrower's knowledge, and Seller has delivered a true and correct copy of each such report to Buyer. Except except as otherwise disclosed in the Environmental Reports, : (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, the Mortgaged Property is not in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in material violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Propertylocal, and (d) there are no underground storage tanks located on the Real Property. As used hereinstate, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious federal or other characteristicsgovernmental authority, constitute statute, ordinance, code, order, decree, law, rule or may reasonably be expected regulation pertaining to constitute or contribute toimposing liability or standards of conduct concerning environmental regulation, a danger contamination or hazard to public health, safety or welfare or to the environment, clean-up including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Resource Conservation and Recovery Act, the Federal Clean Air Act, the Toxic Substances Control Actas amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or local statute, regulation, ordinance, order governmental lien or decree judicial or administrative notice or action relating to healthhazardous and/or toxic, safety dangerous and/or regulated, substances, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the environmentMortgaged Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property in violation of Environmental Laws. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Borrower shall have the right to contest any Environmental Law (as such term is defined in the Environmental Agreement) as provided in the Environmental Agreement, subject to any and all conditions to the exercise of such right contained therein. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer reasonably approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property; provided, however, unless Lender demonstrates a reasonable factual basis to believe that Hazardous Substances or Asbestos exists on a property comprising a portion of the Mortgaged Property creating a condition in violation of applicable law, Borrower shall not be required to expend during the term of the Loan in excess of $45,000.00 in the aggregate for such inspections or audits or inspections or audits of the Mortgaged Property prepared by an engineering or consulting firm reasonably approved by Lender, indicating the presence or absence of Asbestos on the Mortgaged Property pursuant to Section 36 hereof. If Borrower fails to provide such inspection or audit within 60 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit at reasonable hours and on reasonable notice to Borrower. Subject to the limitations contained in this Section concerning aggregate expense to Borrower, the cost of such inspection or audit shall be paid by Borrower and, if not so paid, shall be added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid at the Default Rate. The liabilities of Borrower under this Section shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure. Notwithstanding anything herein to the contrary set forth hereincontrary, Seller has disclosed to Buyer that Borrower shall have no liability under this Section with respect to: (i) any acts or omissions which occur from and after the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance conveyance of the Real PropertyMortgaged Property to Lender, or its designee, by foreclosure, deed in lieu of foreclosure or similar transaction, or the discharge, by satisfaction or assignment of the Mortgage; or (ii) any matters which arise by reason of the acts or omissions of Lender or any of successors, assigns or designees.

Hazardous Substances. (a) PropCo Seller represents and warrants that except as disclosed on Schedule H attached hereto lists all environmental reports8.4 (and as disclosed to Buyer during the Due Diligence Period), auditsand to PropCo Seller’s actual knowledge, studies and similar documents relating to there has been no past or present production, storage, manufacture, voluntary or involuntary transmission, use, generation, treatment, handling, transport, release, dumping, discharge, spillage, leakage or disposal at, on, in, under or about the Real Property which are of any Hazardous Substances by Seller, or any affiliate or agent thereof, except in strict compliance with all applicable Laws nor, to PropCo Seller’s possession and control (the “Environmental Reports”)knowledge, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no have any Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or Substances migrated from the Real Property. PropCo Seller has not received notice that it has not been in compliance with all applicable Environmental Laws. Except as disclosed on Schedule 8.4, and (d) to PropCo Seller’s actual knowledge there are no underground storage tanks located on Hazardous Substances at, on, in, under or about the Real Property in violation of any Law, and to PropCo Seller’s actual knowledge, there is no proceeding or inquiry by any federal, state or local governmental agency with respect thereto. (b) Except as disclosed on Schedule 8.4 (and as disclosed to Buyer during the Due Diligence Period), and to OpCo Seller’s actual knowledge, there has been no past or present production, storage, manufacture, voluntary or involuntary transmission, use, generation, treatment, handling, transport, release, dumping, discharge, spillage, leakage or disposal at, on, in, under or about the Property of any Hazardous Substances by Seller, or any affiliate or agent thereof, except in strict compliance with all applicable Laws nor, to OpCo Seller’s knowledge, have any Hazardous Substances migrated from the Property. As used hereinOpCo Seller has not received notice that it has not been in compliance with all applicable Environmental Laws. Except as disclosed on Schedule 8.4, to OpCo Seller’s actual knowledge there are no Hazardous Substances at, on, in, under or about the term Property in violation of any Law, and to OpCo Seller’s actual knowledge, there is no proceeding or inquiry by any federal, state or local governmental agency with respect thereto. (ic) For purposes of this Agreement, “Hazardous MaterialsSubstances” shall mean and include, but shall not be limited to, means any petroleum product and all hazardous or toxic substances, wastes materials or wastes, including, without limitation, those substances, materials and wastes listed in the United States Department of Transportation Table (49 CFR 172.1 01) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302 and amendments thereto) or such substances, materials and wastes which are or become regulated under any substances which because of their quantitiesapplicable local, concentrationstate or federal law (collectively, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment“Environmental Laws”), including, without limitation, any hazardous or toxic material, waste or substances substance which are included under or regulated by is (whether now existing or hereafter enacted or promulgated, i) a hazardous waste as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include defined in the Resource Conservation and Recovery ActAct of 1976, as amended (42 ▇.▇.▇. §▇▇▇▇ et seq.); (ii) a pollutant or contaminant or hazardous substance as defined in the Comprehensive Environmental Response, . Compensation and Liability Act of 1980, as amendedamended (42 ▇.▇.▇. §▇▇▇▇ et seq.); (iii) a hazardous substance pursuant to §311 of the Clean Water Act (33 ▇.▇.▇. §▇▇▇▇, et seq., 33 U.S.C. §1321) or otherwise listed pursuant to §307 of the Superfund Amendments Clean Water Act (33 U.S.C. §1317); (iv) a hazardous waste pursuant to §1004 of the Resource Conservation and Reauthorization Recovery Act of 1986, (42 U.S.C. §6901 et seq.); (v) polychlorinated biphenyls (PCBs) as defined in the Federal Water Pollution Toxic Substance Control Act, the Solid Waste Disposal Actas amended (15 U.S.C. §2501 et seq.); (vi) hydrocarbons, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, petroleum and petroleum products; (vii) asbestos; (viii) formaldehyde or medical or biohazardous waste; (ix) radioactive substances; (x) flammables and explosives; (xi) any state statutory counterparts to those federal statutes listed herein; or local statute(vii) any other substance, regulation, ordinance, order waste or decree relating to health, safety material which could presently or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use at any time in the operation future require remediation at the behest of any governmental agency. Any reference in this definition to Laws will include all rules and maintenance of the Real Propertyregulations which have been promulgated with respect to such Laws.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsMortgagor covenants, audits, studies warrants and similar documents relating represents to the Real Property which are Mortgagee, its successors and assigns, (i) that except as permitted by law, including all applicable statutes, regulations, and rulings, it has not used or permitted and will not use or permit the Project to be used, whether directly or through contractors, agents or tenants, and to the best of the Mortgagor’s knowledge and except as disclosed to the Mortgagee in Seller’s possession writing, for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any dangerous, toxic or hazardous pollutants, chemical wastes or substances as defined in the Federal Comprehensive Environmental Response Compensation and control Liability Act of 1980 (the “Environmental ReportsCERCLA”), or the Federal Resource Conservation and Seller has delivered a true Recovery Act of 1976 (“FRCRA”), or the Minnesota Environmental Response Liability Act, Minnesota Statutes, Chapter 115A (“▇▇▇▇▇”), or any other federal, state or local environmental laws, statutes, regulations, requirements and correct copy ordinances (“Hazardous Materials”); (ii) that there have been no investigations or reports citing the Mortgagor or its operations as violating the foregoing by any governmental authority which in any way pertain to Hazardous Materials; (iii) that to the best of each such Mortgagor’s knowledge, the Mortgaged Property is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any other state or local agency; (iv) that the operation of the Mortgaged Property will not violate any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials; (v) that to the best of ▇▇▇▇▇▇▇▇▇’s knowledge, the Mortgaged Property does not contain any formaldehyde, urea-formaldehyde, or asbestos, except as may have been disclosed in writing to the Mortgagee by the Mortgagor at the time of execution and delivery of this Mortgage; and (vi) that at its expense it will take, or cause to be taken, any and all actions required to investigate, remedy, correct, or modify any adverse or potentially adverse environmental conditions at the Mortgaged Property which the so-called “Phase I” environmental report to Buyer. Except as discloses exist, or which is otherwise disclosed in to exist. In addition to the Environmental Reportsforegoing, (a) no the Mortgagor shall not install or maintain, or permit the installation or maintenance of any above-ground storage tanks for the storage of petroleum, petroleum byproducts, or other Hazardous Materials (as hereinafter defined) have been usedin, generatedabout, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Mortgaged Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term unless (i) “Hazardous Materials” shall mean the Mortgagor has obtained the prior consent of the Mortgagee for such installation and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Lawsmaintenance, and (ii) “Environmental Laws” shall mean the Mortgagor installs and include maintains each such storage tank in compliance with all applicable Federal, State and local laws, including the Resource Conservation and Recovery Minnesota Petroleum Tank Release Cleanup Act, the Comprehensive Environmental ResponseMinnesota Statutes, Compensation and Liability Act of 1980Chapter 115C, as amended. The Mortgagor agrees to indemnify and reimburse the Mortgagee, its successors and assigns, for any breach of these representations and warranties and from loss, damage, expense or cost arising out of or incurred by the Superfund Amendments Mortgagee which is a result of a breach, misstatement of or misrepresentation of the above covenants, representations and Reauthorization Act warranties, together with all reasonable attorneys’ fees incurred in connection with the defense of 1986any action against the Mortgagee arising out of the above. These covenants, representations and warranties are for the Federal Water Pollution Control Act, benefit of the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control ActMortgagee, and any state successor or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance assign of the Real PropertyMortgagee, and shall be deemed to survive termination of the Mortgage.

Hazardous Substances. Schedule H attached hereto lists all Except as set forth in (a) the environmental reports, audits, studies and similar documents report relating to the Real Property provided to or prepared for Lender in connection with the Loan and (b) the environmental report dated February 18, 2009 relating to the Property provided to or prepared for Borrower, a copy of which are in Seller’s possession and control has been delivered to Lender (collectively, the “Environmental ReportsReport”), and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and includeLiability Act, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation Emergency Planning and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Community Right-to-Know Act of 1986, the Federal Water Pollution Control Hazardous Substances Transportation Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or local statutegovernmental Lien or judicial or administrative notice or action or inquiry, regulation, ordinance, order investigation or decree claim relating to healthhazardous, safety toxic and/or dangerous substances, or the environment. Notwithstanding anything any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the contrary set forth hereinactual knowledge of Borrower, Seller has disclosed to Buyer that no Hazardous Substances are or have been discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Partnership may store and use Property other than in compliance with all Environmental Laws; (iv) no underground storage tanks exist on the Real Property reasonable quantities and the Property has never been used as a landfill; and (v) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real PropertyBorrower.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsLandlord hereby notifies Tenant, auditsand Tenant hereby acknowledges that, studies and similar documents relating prior to the Real Property which are in Seller’s possession leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and control Safety Code Section 25359.7 (the “Environmental Reports”or any successor statue), and Seller that Landlord knows, or has delivered a true and correct copy of each such report reasonable cause to Buyer. Except as otherwise disclosed in the Environmental Reportsbelieve, (a) no Hazardous Materials that certain hazardous substances (as hereinafter defined) have been used, generated, stored at, such term is used in or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter definedsuch Section 25359.7), (b) no Hazardous Materials are present atsuch as common cleaning supplies, in or under the Real Property at levels or in quantities in violation ofoffice supplies, or that would require investigation or cleanup underspillage of petroleum products from motor vehicles, any Environmental Lawand other consumer products, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials may have come to be located on or from beneath the Real PropertyPremises and/or the Project. Tenant hereby agrees to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (d) there are no underground storage tanks located on except to the Real Property. As used hereinextent they arise as a result of Landlord’s grossly negligent acts or willful misconduct), the term arising from or relating to: (i) any discharges, releases, or threatened releases of any Hazardous Material (as defined below) into ambient air, water, or land by Tenant or Tenant’s Invitee’s, or otherwise from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials by Tenant or Tenant’s Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any environmental law on, under, or above the Premises (for purposes hereof, “Hazardous Materialsenvironmental laws” shall mean and includeany Federal, but shall not be limited toState, any petroleum product and all hazardous or toxic substanceslocal law, wastes statute, regulation, ordinance, guideline, or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard common law principle relating to public health, health or safety or welfare the use or to control of the environment, including, including without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), limitation the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedthe ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇ Hazardous Substance Account Act, the Superfund Amendments and Reauthorization Act of 1986California Hazardous Waste Control Law, the Federal Water Pollution Control Clean Air Act, the Solid Waste Disposal California Air Resources Act, as amended, the Federal Clean Water Act, the Federal Clean Air California ▇▇▇▇▇▇-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California ▇▇▇▇▇▇▇-Z’▇▇▇▇-▇▇▇▇▇ Solid Waste Management and Recovery Act, and California Health and Safety Code Section 25359.7). Tenant agrees to promptly reimburse Landlord for all of Landlord’s costs arising from periodic monitoring of Tenant’s use, handling, or storage of Hazardous Substances at or surrounding the Premises. Tenant shall not cause or permit any state Hazardous Material to be generated, brought onto, used, stored, or local statutedisposed of in or about the Premises, regulationthe Building, ordinance, order or decree relating to health, safety or the Project by Tenant or its agents, employees, contractors, subtenants, or invitees, except for limited quantities of standard office and janitorial supplies. Tenant shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws. Notwithstanding anything If the Premises are contaminated (or, due to the contrary set forth hereinacts or omissions of Tenant or Tenant’s Invitees, Seller has disclosed to Buyer that the Partnership may store and use on Project is contaminated) by any Hazardous Material during the Real Property reasonable quantities Term, then (1) Tenant shall promptly notify Landlord in writing of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.such contamination,

Hazardous Substances. Schedule H attached hereto lists all environmental reports, audits, studies Mortgagor hereby represents and similar documents relating warrants to the Real Property which are in Seller’s possession and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to Buyer. Except Mortgagee that except as otherwise disclosed set forth in the Environmental Reports, environmental report delivered to Mortgagee on the Closing Date in connection with the closing of the Loan: (a) no Hazardous Materials (as hereinafter defined) have been usedexcept where the failure to comply is not reasonably likely to cause a Material Adverse Change the Mortgaged Property is in full compliance with all local, generatedstate, stored atfederal and other governmental authority statutes, in ordinances, codes, orders, decrees, laws, rules and regulations pertaining to or under imposing liability or disposed standards of at conduct concerning environmental regulation, contamination or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither Seller nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a danger or hazard to public health, safety or welfare or to the environmentclean-up, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time), the Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Superfund Amendments Resource Conservation and Reauthorization Recovery Act of 1976, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Federal Water Pollution Control Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, as amended, the Federal Clean Air Act, as amended, the Toxic Substances Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all regulations, orders and guidelines adopted in respect of the foregoing laws, whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including, without limitation, asbestos or any substance or material containing asbestos, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any state other substances or local statute, regulation, ordinance, order materials which are included under or decree relating regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety or the environment. Notwithstanding anything welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) to the contrary set forth hereinbest knowledge of Mortgagor no Hazardous Substances are or have been (including, Seller has disclosed the period prior to Buyer Mortgagor's acquisition of the Mortgaged Property) released, discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) to the best knowledge of Mortgagor no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (e) to the best knowledge of Mortgagor no underground storage tanks exist on the Mortgaged Property. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor: (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property to be kept in compliance with all Environmental Laws; (iii) shall promptly notify Mortgagee in writing if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Partnership may store Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which could pose a threat to the health, safety or welfare of humans; and use on the Real Property reasonable quantities of gasoline(iv) shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, oilas applicable, swimming pool chemicals, pesticides, herbicides and cleaning products for use as required by law (or as shall be required by Mortgagee in the operation and maintenance case of the Real Property.removal which is not