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 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 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 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 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 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 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. 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 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 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 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. 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 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 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. 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 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 Xxxxxxxxx-Xxxxxxx-Xxxxxx 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 Xxxxxx-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z'xxxx-Xxxxx 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 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. 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 The Borrower warrants and similar documents relating represents to the Real Property Bank that to the best of its knowledge and belief and based on environmental assessments of the Inventory commissioned by the Borrower, except to the extent disclosed to the Bank in environmental assessments or other writings (on which are the Bank is fully entitled to rely) or to the extent that it would not materially and adversely affect the use and marketability of any Inventory, the Inventory has not been and is not now being used in Seller’s possession and control (the “Environmental Reports”)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 delivered in connection with the Multibank Loan Agreement. 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 Bank in environmental assessments or other writings (on which the Bank is fully entitled to rely) 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 Bank 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 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 hereby covenants and agrees that -------------------- Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) have been Substances to be generated, placed, held, stored, used, generated, stored at, in or under located or disposed of at the Project 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 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, storage, production, transportation and disposal of such Hazardous Materials are present atSubstances. Promptly upon receipt of Landlord's request, 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 Tenant shall submit to Landlord true and correct copies of any violation of Environmental Laws reports filed by Tenant with any governmental or quasi-governmental authority regarding the presence generation, placement, storage, use, treatment or release disposal of Hazardous Materials Substances on or from about the Real PropertyDemised Premises. For purposes of this Article 43, 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 in any list of toxic pollutants designated by Congress or the EPA or 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 of, safety the presence in, or welfare the escape, leakage, spillage, discharge, emission or to release from, the environment, Demised 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 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 of Owner's and 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 the Collateral 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 Collateral 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, 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 the Collateral Property by Owner, Seller has disclosed discharged, generated, treated, stored on, incorporated in, or removed from the 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 that the Partnership may store acquisition of the Collateral Property by Owner), disposed of or transported from the 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 the Collateral Property; and use (vi) no underground storage tanks exist on the Real Property reasonable quantities 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 PropertyOwner or 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 Reports, (a) no Hazardous Materials (as hereinafter defined) have been usedDuring the term of this Lease, generatedTenant shall not suffer, stored atallow, in permit or under cause the generation, accumulation, storage, possession, release or disposed threat 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 release 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 substance 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 promulgatedmaterial, 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, those terms are used in the Comprehensive Environmental Response, 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 regulations promulgated thereunder, or any other present or future federal, state or local statutelaws, regulationordinances, rules, and regulations. Tenant shall indemnify and hold Landlord harmless from any and all liabilities, penalties, demands, actions, costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or suffered by Landlord directly or indirectly arising due to the breach of Tenant’s obligations set forth in this Section. Such indemnification shall survive expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the Premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the Premises. (b) Landlord hereby represents and warrants that, except as set forth in that certain Phase I Environmental Site Assessment dated February 2006, prepared by Cxxxx X. Xxxxxxxx of Mxxxxxxx Pxxxx Environmental: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Center and has received no notice and has no knowledge of the presence in, on or under the Center of any such hazardous substances; (ii) to Landlord’s knowledge there have never been any underground storage tanks at the Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord’s knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Center; (iv) to Landlord’s knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Center; (v) to Landlord’s knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Center; and (vi) to Landlord’s knowledge there is no asbestos or asbestos-containing material in the Premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, order cost, damage or decree relating expense to healthTenant resulting from any misrepresentation or breach of the foregoing representations and warranties. (c) If any such hazardous substances are discovered at the Center (unless introduced by the Tenant, safety its agents or employees) or if any asbestos or asbestos containing material is discovered in the environmentPremises (unless introduced by the Tenant, its agents or employees), and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Center at its expense. Notwithstanding anything From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the Premises which, in the Tenant’s reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant’s business. Anything herein to the contrary set forth hereinnotwithstanding, 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 if in the operation Tenant’s reasonable judgment, such removal, encapsulation, remediation and maintenance restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant’s ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord’s receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the Premises and the Center including, but not limited to, selection of the Real Propertycertified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

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 materia 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 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 Project 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 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 Article 43, 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 in any list of toxic pollutants designated by Congress or the EPA or 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, cost 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 of, safety the presence in, or welfare the escape, leakage, spillage, discharge, emission or to release from, the environment, Demised 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 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 The real property owned or operated by Sellers (as hereinafter definedthe "Facilities") are and, to the best of Sellers' knowledge, at all times have been used, generated, stored at, (except as set forth 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 definedSchedule 2.15(a)), (b) operated in compliance with all applicable Environmental Laws; and to the best of Sellers' knowledge, no Hazardous Materials are present at, in or under condition exists with respect to the Real Property at levels or in quantities in violation of, or Facilities 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 could reasonably be expected to constitute or contribute to, a danger or hazard subject any Seller to public health, safety or welfare or to the environment, including, any damages (including without limitation, actual, consequential, exemplary, and punitive damages), liability (absolute or contingent, determined or determinable), penalties, injunctive relief, or cleanup costs under any hazardous applicable Environmental Laws, or toxic waste that require or substances which are included under could reasonably be expected to require cleanup, removal, remedial action, or regulated other response by any Seller pursuant to applicable Environmental Laws. (whether now existing b) Sellers have not received and, to the best of Sellers' knowledge, none of Sellers' predecessors in title to the Facilities has received, any notice from a governmental agency asserting or hereafter enacted or promulgated, alleging a violation of any Environmental Laws as they may be amended relate to the Facilities, except as set forth in Schedule 2.15(b). (c) There are no pending or, to the best of Sellers' knowledge, threatened suits, actions, claims, or proceedings against any Seller or, to the best of Sellers' knowledge, Sellers' predecessors in title, arising from time or related to, directly or indirectly, any Environmental Laws as they relate to time)the Facilities. (d) Neither Sellers, any part of the Facilities, nor, to the best of Sellers' knowledge, Sellers' predecessors are subject to any judgment, decree, order, or citation related to or arising out of any Environmental Laws, and (ii) “no Seller has been named or listed as a potentially responsible party by any governmental or other entity in a matter arising under or relating, directly or indirectly, to any Environmental Laws” shall mean . (e) Sellers have obtained or caused to be obtained all permits, licenses, and include approvals required under all Environmental Laws to operate the Resource Conservation and Recovery ActFacilities. (f) For purposes of this section 2.15, 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.following shall apply:

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 Law.s 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 reports, audits, studies To the best of Borrower's knowledge -------------------- 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 Environmental Reportsenvironmental reports 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 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 and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) no 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 hereinapplicable Borrower's acquisition of any Property), Seller has disclosed discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from such 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 the Partnership may store or otherwise affect any Property; and use (v) no underground storage tanks exist 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 any 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 Tenant shall not cause or permit any “Hazardous Materials Substances” (as hereinafter herein defined) have been to be generated, placed, held, stored, used, generated, stored at, in or under located or disposed of at the Project, except for Hazardous Substances commonly and legally used or from stored as a consequence of using the Real Property during 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), and so long as Tenant strictly complies with applicable governmental rules and regulations concerning the use, storage, production, transportation and disposal of such Hazardous Substances. Promptly upon Landlord’s request, Tenant shall submit to Landlord correct copies of reports filed by Tenant with any governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on Premises. Tenant agrees to cooperate with Landlord and to provide access by Landlord and Landlord’s representatives to any Tenant’s records with respect to the Premises relating to any assessment of the environmental condition of the Premises and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on Premises. (b) no Hazardous Materials are present atFor purposes of this Section, 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 MaterialsSubstances” shall mean and includethose elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Congress or the EPA or 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 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 its agents and hold Landlord and its agents harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including attorneys’ fees, costs of testing and remediation costs, 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 result of, the presence in, or hazard to public healththe escape, safety leakage, spillage, discharge, emission or welfare or to release from, the environment, Premises of any Hazardous Substances (including, without limitation, any hazardous or toxic waste or substances which are included 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, regulation, ordinance, order “Superfund” or decree relating to health, safety “Superlien” laws or the environmentany other Environmental Law). 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 The obligations of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance Tenant under this Section shall survive any expiration or termination of the Real Propertythis Lease.

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 hereby covenants and 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 Project 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 Building 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, storage, production, transportation and disposal of such Hazardous Materials are present atSubstances. For purposes of this Article 38, 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 in any list of toxic pollutants designated by Congress or the EPA or 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 of, safety the presence in, or welfare the escape, leakage, spillage, discharge, emission or to release from, the environment, Building 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 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 noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the preceding a “Hazardous MaterialsMaterial”) 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, “environmental 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 Xxxxxxxxx-Xxxxxxx-Xxxxxx 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 Xxxxxx-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z’xxxx-Xxxxx 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. Neither Tenant nor any state of Tenant’s Invitees shall use, manufacture, store, or local statutedispose of any Hazardous Materials anywhere within the Premises or the Project which are or could (a) be detrimental to the Project, regulation, ordinance, order or decree relating to human health, safety or the environment, except in accordance with all applicable laws, or (b) adversely affect the value of the Premises or the Project. 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 the Project is contaminated) by any Hazardous Material during the Term, then (1) Tenant shall promptly notify Landlord in writing of such contamination, and (2) Landlord may elect to Buyer either (A) demand that Tenant perform all remediation required by Landlord (to Landlord’s satisfaction and at Tenant’s sole cost, necessary to return the Partnership may store Premises (and/or the Project) to at least as good a condition as the Premises (or the Project) are in as of the date of this Lease, which Tenant shall immediately do upon receipt of notice from Landlord, or (B) proceed to cause such investigation, clean-up, and use on remediation work which Landlord deems necessary or desirable to be undertaken, whereupon the Real Property reasonable quantities entire cost thereof (plus a supervisory fee equal to ten percent (10%) of gasolinesuch cost) will be payable by Tenant to Landlord upon demand as Additional Rent. If Tenant does not promptly commence and diligently pursue such remediation, oilthen Landlord may, swimming pool chemicalsat Landlord’s election, pesticidesperform or cause to be performed such remediation and Tenant shall immediately, herbicides and cleaning products for use upon demand, pay the cost thereof, plus a supervisory fee in the operation amount of ten percent (10%) of such cost. Tenant’s obligations and maintenance liability under this Paragraph shall survive the termination of Tenant’s tenancy and the Term of this Lease, except that nothing contained in this Paragraph shall be deemed to impose liability on Tenant for any problem arising after the Term of this Lease provided neither Tenant nor Tenant’s Invitees contributed to such problem during the Term of the Real Property.Lease. Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE]

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, 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 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 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 to or from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, 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 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 Manager's knowledge after due investigation except as otherwise disclosed in the Environmental Reports, (ai) 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 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 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, 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 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 Property; and use (v) no underground storage tanks exist 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 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 Xxxxxxxxx-Xxxxxxx-Xxxxxx 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 Xxxxxx-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z’xxxx-Xxxxx 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 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) 00-00-000 of the Real PropertyColorado Revised Statutes.

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 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 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 the Real Property which are in To Seller’s possession and control (knowledge, 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 is not identified on the Real Property. As used herein, the term current or proposed (i) National Priorities List under 40 C.F.R. x 000, (xx) Comprehensive Environmental Response Compensation and Liability Inventory System (“Hazardous Materials” shall mean and includeCERCLIS”) list, but shall not be limited to, or (iii) 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 list arising from a state statute similar 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, 42 U.S.C. ß 9601 et seq.(“CERCLA”). There are no present or, to Seller’s knowledge, past actions, activities, circumstances, conditions, events or incidents affecting the Superfund Amendments and Reauthorization Act Property that would be in violation of 1986any Environmental Laws (as defined in Section 18) such that it would be a basis for assertion of any claim against the Buyer under any Environmental Laws relating to protection of human health or the environment, the Federal Water Pollution Control Actincluding, the Solid Waste Disposal Actwithout limitation, any release (as amendeddefined in CERCLA, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and or in any applicable state or local statutelaw or regulation) of any chemical substances, regulationasbestos or asbestos-containing materials, ordinanceformaldehyde, order polychlorinated biphenyls, toxic, carcinogenic, radioactive, or decree relating other hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, “Hazardous Materials”). Except as disclosed in writing to health, safety or the environment. Notwithstanding anything Buyer prior to the contrary set forth hereinexpiration of the Inspection Period, Seller has there are currently no underground storage tanks existing on the Property, and, to Seller’s knowledge, except as disclosed in writing to Buyer that prior to the Partnership may store and use expiration of the Inspection Period, no underground storage tanks have existed on the Real Property reasonable quantities Property, which are or were used to store Hazardous Materials of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyany kind.

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 Except as disclosed in Section 3.25 of the Disclosure Schedule: (i) none of the Real Property or property previously owned or occupied by First Shenango or in which are in Seller’s possession and control First Shenango 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 atFirst Shenango 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 First Shenango or in which First Shenango had any interest, legal or equitable through utilization of qualified licensed waste disposal transporters and receivers; (iii) First Shenango has not caused and will not cause, and to the period best of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined)its Knowledge, (b) no Hazardous Materials are present atafter diligent investigation and inquiry, in or under there never has occurred, the release of any hazardous substance on the Real Property at levels or any real property previously owned or occupied by First Shenango or in quantities which First Shenango had any interest, legal or equitable; (iv) the Real Property or any real property previously owned or occupied by First Shenango or in violation ofwhich First Shenango had any interest, legal or equitable, is not subject to any federal, state or local "superfund" lien, proceedings, claim, liability or action; (v) First Shenango 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 First Shenango or in which First Shenango 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 meanings and definitions 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 1980Title 42 U.S.C. Section 9601 provided, as amendedhowever, 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 term "hazardous substance" as used herein also shall include "hazardous waste" as defined in paragraph (5) of 42 U.S.C. Section 6903 and use on the Real Property reasonable quantities "petroleum" as defined in paragraph (8) of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Property.42 U.S.

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-------------------- documents listed in Exhibit 8(t) attached hereto, to the Seller's actual ------------ knowledge: (a1) no Hazardous Materials (as hereinafter defined) have been usedtoxic or hazardous substances or wastes, 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 ofpollutants, or that would require investigation or cleanup under, any Environmental Law, contaminants (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, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil, and various constituents of such products, and any hazardous substance (collectively "HAZARDOUS SUBSTANCES") as defined in any federal, state or toxic waste local law rule or substances which are included ordinance (collectively, the "ENVIRONMENTAL LAWS") dealing with environmental matters have been generated, treated, stored, released, or disposed of, or otherwise placed, deposited in, or located on the Real Property by Seller, or any party controlling, under common control of, or regulated controlled by, Seller in violation of Environmental Laws; (2) no activity has been undertaken on the Real Property by Seller, or any party controlling, under common control of, or controlled by, Seller; that would cause or contribute to (whether now existing a) the Real Property becoming a treatment, storage, or hereafter enacted or promulgated, as they may be amended from time to time), disposal facility within the meaning of the Environmental Laws, and (iib) “a release or threatened release of toxic or hazardous wastes or substances, pollutants, or contaminants, from the Real Property within the Environmental Laws” shall mean and include , or (c) the Resource Conservation and Recovery Actdischarge of pollutants or effluents into any water source or system, the Comprehensive Environmental Responsedredging or filling of any waters, 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 discharge into the contrary set forth herein, Seller has disclosed to Buyer air of any emissions that the Partnership may store and use would require a permit under any Environmental Laws; (3) no substances or conditions exist in or on the Real Property reasonable quantities that may support a claim or cause of gasolineaction under any Environmental Laws; (4) no above-ground or underground tanks are located in or about the Real Property or have been located under, oilin, swimming pool chemicals, pesticides, herbicides or about the Real Property and cleaning products for use in have subsequently been removed or filled; and (5) to the operation and maintenance of extent storage tanks exist on or under the Real Property, such storage tanks have been duly registered with all appropriate regulatory and governmental bodies and otherwise are in compliance with applicable Environmental Laws.

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. (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 X.X.X. §0000 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 X.X.X. §0000 et seq.); (iii) a hazardous substance pursuant to §311 of the Clean Water Act (33 X.X.X. §0000, 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 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 not reasonably be -------------------- expected to cause a Material Adverse Effect: (i) “Hazardous Materials” shall mean Each Company has complied 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 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, 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 all other Rules relating to pollution or protection of public health, safety or welfare and the environment. Notwithstanding anything , 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 contrary set forth hereinmanufacture, Seller processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances (collectively the "Environmental Laws"). (ii) Each Company has disclosed obtained and is in compliance with all Licenses which it is required to Buyer that obtain and maintain with respect to the Partnership may store and use operation of the Business under the Environmental Laws. (iii) There are no polychlorinated biphenyls or asbestos generated, treated, stored, disposed of, or otherwise deposited in or located on any of the 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 Real Property. (iv) There has been no "release" (as such term is defined in Comprehensive Environmental Response, Compensation and Liability Act , 42 U.S.C. Section 9601 et seq.) of a Hazardous Substance in excess of a reportable ------ quantity from or under any of the Real Property or any other property that is used to conduct the Business. (v) Target has provided Buyer with all material environmental assessment or impact reports on the Real Property done for or on behalf of Target within the last five years of the date of this Agreement which are in its possession or under its reasonable control. (vi) No Company has received any written (or, to the knowledge of Target, oral) order, notice or other communication from any Governmental Authority or third party of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any environmental claim with respect to any Real Property or any other property that is used to conduct the Business in which any Company has an interest.

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 federal, auditsstate or local statute, studies and similar documents 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 violation 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 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. 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 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 (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 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 AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 49 43412-20/Continental Towers 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 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 reportsExcept as disclosed in that certain Phase I Environmental Assessment dated June 2, audits1997 and Phase II Environmental Assessment dated February, studies 1998 prepared by Rust Environment & Infrastructure, as updated and similar documents relating certified to the Real Property which are in Seller’s possession and control Mortgagee on March 24, 2001 (collectively, the “"Environmental Reports”Report"), the Mortgagor warrants, covenants and Seller has delivered represents that there does not exist in or under the Mortgaged Property any pollutant, toxic or hazardous waste or substance, or any other material the release or disposal of which is regulated by any law, regulation, ordinance or code related to pollution or environmental contamination, and, that no part of the Mortgaged Property was ever used for any industrial or manufacturing purpose or as a true dump, sanitary landfill, or gasoline service station, and correct copy that there exists on the Mortgaged Property no storage tanks, electrical transformers or other equipment containing PCBs or material amounts of each such report to Buyerasbestos. Except as otherwise disclosed in the Environmental ReportsReport, the Mortgagor represents that it has received no summons, citations, directives, letters or other communications, written or oral, from any federal, state or local agency or department concerning the storing, releasing, pumping, pouring, emitting, emptying or dumping of any pollutant, toxic or hazardous waste or substance on the Mortgaged Property. The Mortgagor covenants and agrees that, except in the ordinary course of its business and in compliance with all applicable federal, state and county, rules and regulations, statutes and ordinances (a) no Hazardous Materials (as hereinafter defined) have been usedincluding, generatedwithout limitation, stored atobtaining and maintaining the necessary permits and licenses), it shall not, nor shall it permit others to, use the Mortgaged Property for the business of generating, transporting, storing, treating or disposing of any pollutant, toxic or hazardous waste or substance in violation of any applicable laws, regulations, ordinances and codes, nor shall it either take or fail to take any action which may result in a release of any hazardous substance from or onto the Mortgaged Property in violation of any applicable laws, regulations, ordinances and codes. In addition to all rights of access granted the Mortgagee pursuant to Section 1.6 hereof, during the term of the loan contemplated hereby, the Mortgagee, or any authorized agent, contractor or representative of the Mortgagee, is hereby irrevocably authorized to enter upon the Mortgaged Property at any time and from time to time for the purpose of performing inspections, taking soil borings or other borings, or conducting any other tests or procedures on, in or under about the Mortgaged Property as the Mortgagee deems necessary 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, appropriate to determine whether 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 including without limitation asbestos or substancesPCBs, are present on, under or about the Mortgaged Property in violation of any applicable laws, regulations, ordinances and codes. The Mortgagor agrees to indemnify and to hold the Mortgagee harmless from any and all claims, causes of action, damages, penalties, and costs (including, but not limited to, attorneys' fees, consultants' fees and related expenses) which may be asserted against, or incurred by, the Mortgagee resulting from or due to release of any hazardous substance or waste on the Mortgaged Property or arising out of any injury to human health or the environment by reason of the condition of or past activity upon the Mortgaged Property. The Mortgagor's duty to indemnify and hold harmless includes, but is not limited to, proceedings or actions commenced by any person (including, but not limited to, any substances which because of their quantitiesfederal, concentrationstate, chemical or active flammablelocal governmental agency or entity) before any court or administrative agency. The Mortgagor further agrees that pursuant to its duty to indemnify under this section, 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 Mortgagor shall indemnify the Mortgagee against all expenses incurred by (whether now existing or hereafter enacted or promulgated, the Mortgagee as they may be amended from time to time), become due and not waiting for 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 ultimate outcome of the Real Propertylitigation or administrative proceeding. The Mortgagor's obligations to indemnify and hold the Mortgagee harmless hereunder shall survive repayment of the Mortgage Amount and satisfaction or foreclosure of this 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 set forth in the Environmental ReportsSchedule 3.24, (ai) no Hazardous Materials (as hereinafter defined) have Substance has been useddisposed of, generatedspilled, stored atleaked or otherwise released on, in or in, under or disposed of at or from the Leased Real Property during or the period Previously Leased Real Property or has otherwise come to be located in the soil or water (including surface and ground water) on or under the Leased Real Property or the Previously Leased Real Property, (ii) none of Seller’s ownership except the assets of MicroVision or the improvements on the Leased Real Property or the Previously Leased Real Property have incorporated into them any asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls (including in accordance any floor coverings, ceiling tiles, electrical transformer or capacitor located on such property), or any other Hazardous Substance which is prohibited, restricted or regulated when present in buildings, structures, fixtures or equipment, other than in material compliance with Environmental Laws (as hereinafter defined)Laws, (biii) no Hazardous Materials are present atSubstance is or has been generated, in manufactured, treated, stored, transported, used or under otherwise handled on the Leased Real Property at levels or the Previously Leased Real Property or in quantities in violation ofconnection with the business of MicroVision or, or that would require investigation or cleanup underto the knowledge of MicroVision, any Environmental Law, (c) neither Seller nor the Partnership has received any notice business of any violation other previous occupant of Environmental Laws the Leased Real Property or the presence or release of Hazardous Materials on or from the Real Previously Lease 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 than in material compliance with Environmental Laws, and (iiiv) “Environmental Laws” shall mean there are not any above-ground or underground storage tanks on the Leased Real Property (whether or not regulated and include the Resource Conservation and Recovery Actwhether or not out of service, 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 Actclosed or decommissioned), and there were not any state above-ground or local statuteunderground storage tanks on the Previously Leased Property (whether or not regulated and whether or not out of service, regulationclosed or decommissioned) for the periods MicroVision leased such properties and, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth hereinknowledge of MicroVision, Seller has disclosed to Buyer that the Partnership may store and use there were never any above-ground or underground storage tanks on the Leased Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in or on the operation and maintenance of the Real PropertyPreviously Leased Property at any time a previous occupant leased such properties.

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 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 December 20, 1996, 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 (including the period prior to Mortgagor's acquisition of the Mortgaged Property) 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; (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 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 and the tenants under the Leases 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 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. Except for ordinary household cleaners and office supplies or as set forth on Schedule H attached hereto lists all environmental reports3.1.25.2, auditsno Hazardous Substance (as defined below) is present on, studies and similar documents relating to at, or under the Leased Real Property which are in Seller’s possession and control (or the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report to BuyerPreviously Leased Real Property. Except as would neither violate any Environmental Law nor result in any remediation obligation, no Hazardous Substance has been disposed of, spilled, leaked, discharged, or otherwise disclosed released on, in, under or has migrated off-site from the Leased Real Property or the Previously Leased Real Property or has otherwise come to be located in the soil or water (including surface and ground water) in, on, under, or adjacent to the Leased Real Property or the Previously Leased Real Property. Except as would neither violate any Environmental ReportsLaw nor result in any remediation obligation, none of the assets of Dynamotion or the improvements on the Leased Real Property or the Previously Leased Real Property have incorporated into them any asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls (a) including in any electrical transformer or capacitor located on such property), or any other Hazardous Substance that is prohibited, restricted, or regulated when present in buildings, structures, fixtures, or equipment. Except for ordinary household cleaners and office supplies or as set forth on Schedule 3.1.25.2, no Hazardous Materials (as hereinafter defined) have Substance is or has been generated, manufactured, treated, stored, transported, used, generated, stored at, in or under or disposed of at or from otherwise handled on the Leased Real Property or the Previously Leased Real Property or in connection with the business or operations of Dynamotion, its predecessors, or the Previous Subsidiaries. Except as listed on Schedule 3.1.25.2, there are not and have never been any above-ground or underground storage tanks (whether or not regulated and whether or not out of service, closed, or decommissioned) on the Leased Real Property or, during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined)occupancy or use by Dynamotion, (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation ofits predecessors, or that would require investigation or cleanup underthe Previous Subsidiaries, 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 Previously Leased Real Property.

Hazardous Substances. Schedule H attached hereto lists all Except for matters set forth in the environmental reportsreports furnished to Lender in connection with the Loan, auditsBorrower hereby represents and warrants to Lender that, 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 best of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, Borrower's knowledge: (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 State or local statuteTerritory super-lien and/or environmental clean-up statutes (collectively, regulation, ordinance, order "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or decree governmental lien or 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 be kept free from Hazardous Substances (other than existing conditions at the contrary set forth hereinMortgaged Property which, Seller has disclosed as and when remediated by Borrower, are to Buyer that the Partnership may store be remediated in accordance with Lender-approved plans and use on the Real Property reasonable specifications, and 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, 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 other Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in violation of any Environmental Laws (other than with respect to existing conditions at the Mortgaged Property which shall be remediated in accordance with Lender-approved plans and specifications) 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 Mortgage 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 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. 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 environmental reports -------------------- provided to Lender in connection with the Environmental Reportsorigination 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 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 to the contrary set forth hereinany other substances or materials which are included 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 minimus quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use such substances commonly used in the day-to-day operation and maintenance by Borrower or any tenant of the Real Properties which do not require remediation under the Environmental Laws, and are otherwise in compliance with all Environmental Laws); (iii) to the best of Borrower's knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Properties), 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 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 ever been used as a landfill; and (vi) there have been no more recent environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower than those which have been provided to Lender.

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

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 reportsEach of the Contributors represents, auditsto his best knowledge, studies that (x) as of the date hereof 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 y) except as otherwise disclosed set forth in the Environmental Reportsenvironmental audit reports provided to Carolina by the Constituent Parties, (a) no Hazardous Materials (as hereinafter defined) of the Closing Date, 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 Partnership has received date hereof and (y) except as set forth in the environmental audit reports provided to Carolina 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 Carolina 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 reports, audits, studies and similar documents relating to the Real Property which are in Seller’s possession and control (the 11.1 Lessee hereby covenants that Lessee shall not cause or permit any “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 Substances” (as hereinafter defined) have been usedto be placed, generatedheld, stored at, in or under located or disposed of in, on or at the Premises or from any part thereof and neither the Real Property Premises nor any part thereof shall ever be used as a dump site or storage site (whether permanent or temporary) for any Hazardous Substances during the period Lease Term. 11.2 Lessee hereby agrees to indemnity Lessor and hold Lessor harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of Seller’s ownership except in accordance any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Lessor by any person or entity or governmental agency for, with Environmental Laws (respect to, or as hereinafter defined), (b) no Hazardous Materials are present at, in a direct or under the Real Property at levels or in quantities in violation indirect result of, the presence on or that would require investigation or cleanup under, any Environmental Lawor the escape, (c) neither Seller nor seepage, leakage, spillage, discharge, emission, discharging or release from, the Partnership has received any notice Premises of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and Substance (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 losses, liabilities, including strict liabilities, damages, injuries, expenses, including reasonable attorneys’ fee, 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, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, any so called federal, state or local “Superfund” or ”Superlien” laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of conduct concerning any Hazardous Substance), provided, however, that the Solid Waste Disposal Actforegoing indemnity is limited to matters arising solely from Lessee’s violation of the covenant contained in subsection (1) above. 11.3 For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (the ”EPA”) or the list of toxic pollutants designated by Congress or the EPA or which are defined as amendedhazardous, the Federal Clean Water Acttoxic, the Federal Clean Air Actpollutant, the Toxic Substances Control Actinfectious or radioactive by any other Federal, and any state or local statute, regulationlaw, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. 11.4 Lessor shall have the right but not the obligation, and without limitation of Lessor’s rights under this Lease, to healthenter onto the Premises or to take such other actions as it deems necessary or advisable to cleanup, safety remove, resolve or minimize the environmentimpact of, or otherwise deal with, any Hazardous Substance following receipt of any notice from any person or entity (including without limitation other EPA) asserting the existence of any Hazardous Substance in, on or at the Premises or any part thereof which, if true, could result in an order, suit or other action against Lessee and/or Lessor. Notwithstanding anything to the contrary set forth herein, Seller has disclosed to Buyer that the Partnership may store All reasonable costs and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use expenses incurred by Lessor in the operation exercise of any such rights, which costs and maintenance expenses result from Lessee’s violation of the Real Propertycovenant contained in subsection (1) above, shall be deemed Additional Rental under this Lease and shall be payable by Lessee upon demand. 11.5 This Section shall survive cancellation, termination or expiration of this Lease.

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. 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 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 reportsWithout limiting the generality of any -------------------- other representation or warranty contained in this Mortgage, 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 ReportsAudit, the Mortgaged Property and the existing uses thereof comply and, to the 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 full force and effect; and Mortgagor is not, and at no time since Mortgagor acquired ownership or possession of the Mortgaged Property or any portion thereof has Mortgagor been, in violation of any Environmental Law with respect to the Mortgaged Property. Without limiting the generality of the foregoing. (a) Except as disclosed in the Environmental Audit, no Hazardous Materials (as hereinafter defined) Substances are being, or are intended or threatened to be, and, to the best of Mortgagor's knowledge, no Hazardous 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, in, 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 atExcept as disclosed in the Environmental Audit, in or under none of the Real Property Improvements contain and, to the best of Mortgagor's knowledge, none of the Improvements which at levels or in quantities in violation any time were a part of, or that would require investigation were situated at, in, on or cleanup under, the Mortgaged Property contained, any Hazardous Substances; (c) No underground storage tanks or other underground storage facilities are, or, to the best of Mortgagor's knowledge, have ever been, situated at, in, on, under or about the Mortgaged Property; (d) To the best of Mortgagor's knowledge, (i) the ambient air quality at the Mortgaged Property complies with the requirements of all Environmental Laws; and, except as disclosed in the Environmental Audit, (ii) the present levels of radon, formaldehyde, asbestos and all other Hazardous Substances, to the extent any such Hazardous Substances exist at, in, on, under or about the Mortgaged Property, are within the limits prescribed by all Environmental Laws; (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; (f) Mortgagor has not received or had served upon it any summons, citation, directive, order, notice or other communication, oral or written, which either: (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 correct; (g) With respect to the ownership, use, operation or maintenance of the Mortgaged Property or the conduct of Mortgagor's business thereon; (y) no writ, injunction, decree, order or judgment is outstanding; and (z) no suit, claim, action, proceeding or investigation has been instituted or filed with respect to any Environmental Law (and, to the best of Mortgagor's knowledge, except as disclosed in the Environmental Audit, no basis for any of the foregoing exists); and (h) No lien has been filed against or imposed upon any of the Mortgaged Property with respect to 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 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 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 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 reportsTo the best of Mortgagor’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 Mortgagor 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”), and Seller has delivered a true and correct copy best of each such report to Buyer. Except Manager's knowledge after due investigation except as otherwise disclosed in the Environmental Reports, (ai) 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 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 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, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos 61 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 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 Property; and use (v) no underground storage tanks exist 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 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 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 Sublessor hereby notifies Subtenant, and Subtenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Sublease, Subtenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute), that Sublessor knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), including without limitation common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come to be located on or beneath the Premises and/or the Project. Subtenant hereby indemnifies Sublessor against all environmental reportsEnvironmental Claims (as defined below) and all costs, auditsexpenses, studies and similar documents attorneys’ fees incurred in the defense of any such Environmental Claims or any action or proceeding brought on any of such Environmental Claims. For purposes of this Paragraph, “Environmental Claims” shall mean all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (except to the extent they arise as a result of Sublessor’s grossly negligent acts or willful misconduct), arising from or which seek to impose liability (i) because of or relating to any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the preceding a “Hazardous Material”) into ambient air, water, or land from, on, under, or above the Premises, (ii) relating to the Real Property which are in Seller’s possession and control (the “Environmental Reports”)manufacture, and Seller has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reportsprocessing, (a) no Hazardous Materials (as hereinafter defined) have been useddistribution, generateduse, stored attreatment, 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)storage, (b) no Hazardous Materials are present atdisposal, in or under the Real Property at levels or in quantities in violation oftransport, or that would require investigation handling of pollutants, contaminants, 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 wastes, substances, wastes or substancesmaterials from, on, or under, the Premises, or (iii) under any substances environmental law (which because of their quantitiesshall mean any federal, concentrationstate or local law, chemical statute, regulation, ordinance, guideline, 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 Xxxxxxxxx-Xxxxxxx-Xxxxxx 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 Xxxxxx-Cologne Water Quality Control Act, the Toxic Substances Control Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z’xxxx-Xxxxx Solid Waste Management and Recovery Act, and any state or local statute, regulation, ordinance, order or decree California Health and Safety Code Section 25359.7) and relating to the Premises, from the beginning of the Term to the end of the Term. Subtenant agrees to promptly reimburse Sublessor for all of Sublessor’s costs arising from periodic monitoring of Subtenant’s use, handling, or storage of Hazardous Substances at or surrounding the Premises. Neither Subtenant nor any of Subtenant’s Invitees shall use, manufacture, store, or dispose of any Hazardous Materials anywhere within the Premises or the Project which are or could (a) be detrimental to the Project, human health, safety or the environment, except in accordance with all applicable laws, or (b) adversely affect the value of the Premises or the Project. Notwithstanding anything If the Premises are contaminated (or, due to the contrary set forth hereinacts or omissions of Subtenant or Subtenant’s Invitees, Seller has disclosed the Project is contaminated) by any Hazardous Material during the Term, then (1) Subtenant shall promptly notify Sublessor in writing of such contamination, and (2) Sublessor may elect to Buyer either (A) demand that Subtenant perform all remediation required by Sublessor (to Sublessor’s satisfaction and at Subtenant’s sole cost, necessary to return the Partnership may store Premises (and/or the Project) to at least as good a condition as the Premises (or the Project) are in as of the date of this Sublease, which Subtenant shall immediately do upon receipt of notice from Sublessor, or (B) proceed to cause such investigation, clean-up, and use on remediation work which Sublessor deems necessary or desirable to be undertaken, whereupon the Real Property reasonable quantities entire cost thereof (plus a supervisory fee equal to ten percent (10%) of gasolinesuch cost) will be payable by Subtenant to Sublessor upon demand as Additional Rent. If Subtenant does not promptly commence and diligently pursue such remediation, oilthen Sublessor may, swimming pool chemicalsat Sublessor’s election, pesticidesperform or cause to be performed such remediation and Subtenant shall immediately, herbicides and cleaning products for use upon demand, pay the cost thereof, plus a supervisory fee in the operation and maintenance amount of the Real Propertyten percent (10%) of such cost.

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 hereby covenants and 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 in the Building 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 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 Article 43, 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 of, safety the presence in, or welfare the escape, leakage, spillage, discharge, emission or to release from, the environment, 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 reports(a) There has been no production, auditsdisposal, studies and similar documents relating transport, treatment, storage or discovery of any hazardous waste or toxic substance affecting the real property secured by the Loan Documents or otherwise leased to Borrower or any of the Entities (the "Real Property"). (b) No activity has occurred on the Real Property which are in Seller’s possession could have toxic results; and control (the “Environmental Reports”), and Seller has delivered a true and correct copy of each such report there is no proceeding or inquiry pending or to Buyer. Except as otherwise disclosed in the Environmental Reports, (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in Borrower's knowledge anticipated by any governmental agency or under or disposed of at or from the Real Property during the period of Seller’s ownership except in accordance other authority 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, respect thereto. (c) neither Seller The Real Property is not now, nor has ever been, used for the Partnership has received any notice production, treatment, collection, storage or disposal of any violation refuse; objectionable waste or any material. (d) Borrower shall indemnify and hold Lender harmless from any loss incurred by Lender by reason of Environmental Laws the existence of any hazardous waste or toxic substance. Without limiting the generality of the indemnification set forth in Section 12.15 hereof or the foregoing, subject to the limitation set forth below, Borrower hereby indemnifies Lender and agrees to hold Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever, including reasonable attorneys' fees paid. incurred or suffered by, or asserted against, Lender for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emissions, discharging or release of Hazardous Materials on or from from, the Real Property, and (d) there are no underground storage tanks located on or into or Lion the Real Property. As used hereinland, the term (i) “Hazardous Materials” shall mean and includeatmosphere, but shall not be limited toor any watercourse, body of water or wetland of 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, material "including, without limitation, any hazardous losses, liabilities, damages, injuries, coats, -expenses or toxic waste claims asserted or substances which are included 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, 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, regulationlaw, ordinance, code, rule, regulation, order or decree regulating, 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 imposing liability or Standards of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Real Propertyconduct concerning any hazardous material).

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 not engaged in the Environmental Reportsbusiness of generating, (a) no Hazardous Materials transporting, storing, treating or disposing of hazardous substances or hazardous waste (as hereinafter defined) have been used, generated, stored at, those terms are 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 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 The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended42 U.S.C. Section 9601 et seq. or in the so-called “Minnesota Superfund Xxxx”, Minnesota Statutes Chapter 115B (1984)) on the Superfund Amendments and Reauthorization Act real estate identified on the attach “EXHIBIT B”, (Real Property); the Real Property has not been used for the storing or disposal of 1986waste or for storing or disposal of hazardous substances during or, 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 hereinbest of Seller’s knowledge, prior to the period that Seller has been an owner of the Real Property; to Seller’s actual knowledge, neither the real property nor any of its various components contains, is composed of, or emits any hazardous, toxic, or contaminated chemicals, substances, materials or pollutants. Seller hereby agrees to indemnify Buyer against any and all liability which is the result of a release or threatened release of hazardous substances deposited, stored, disposed of, placed on or which otherwise came to be located on the real property, or which is the result of the existence or emission of any hazardous, toxic or contaminated chemicals, substances, materials or pollutants in, on or from the real property during or prior to the period of Seller’s ownership or possession of the real property. To the best of Seller’s knowledge, Seller has disclosed to Buyer warrants that there are no underground storage tanks, with the Partnership may store and use exception of the underground tanks used for the retail petroluem outlet, located on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use that no asbestos is present in the operation buildings. Seller shall deliver to Buyer, at Seller’s cost and maintenance within 15 days after the date hereof, a Phase I Environmental Site Assessment (the “Phase I”) of the Real Property covered hereby, written under American Standard of Testing and Measurement (ASTM) Standard Practice for Environmental Site Assessments by American Engineering Testing, Inc., to identify to the extent reasonable, pursuant to the methodology prescribed by such ASTM standards, recognized environmental conditions in connection with the Real Property. The Phase I will be certified to Seller and Company. In the event that Buyer determines on a commercially reasonable basis that the results of the Phase I are unacceptable, Buyer must notify Seller in writing of such determination and the basis therefor within seven (7) days of its receipt of the Phase I. Seller shall have ten (10) days following receipt of such notice (the “Election Period”) in which to address any recognized environmental conditions on the Real Property or to otherwise enter into a written undertaking acceptable to Buyer and Seller to remedy the basis for Buyer’s objections within 120 days following receipt of such notice, in which case the Closing may be postponed by Buyer pending the remedy of Buyer’s objections. If Seller fails to undertake such actions within the Election Period, Buyer shall have the right to terminate this Agreement by written notice thereof to Seller given within seven (7) days after the expiration of the Election Period, in which event this Agreement shall be null and void and neither party shall have any further rights, obligations, or liability hereunder. In addition, at Buyer’s expense, Buyer, its agents and designees, are hereby granted the right at any time or times after the date hereof to inspect, analyze, and test the Real Property and their various components including without limitation the Land and Improvements, and all appliances, heating, air conditioning, wiring and plumbing therein and all structural and nonstructural elements thereof, to determine that the improvements and tangible personal property is in good working order and repair, ordinary wear and tear excepted, provided said inspection must take place within fifteen (15) days after the date hereof. In the event that Buyer determines on a commercially reasonable basis that the Improvements and tangible personal property located on the Real Property are not in good working order and repair (ordinary wear and tear excepted) based on the results of its general site inspection, Buyer shall have the right to terminate this Agreement by written notice thereof to Seller given within seven (7) days after the date of Buyer’s inspection, in which event this Agreement shall be null and void and neither party shall have any further rights, obligations, or liability hereunder.

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 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. 4.10.1 Except as otherwise disclosed set forth in the Environmental Reports, Exhibit G-5: (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 received written notice that it has been in violation of any Hazardous Substance Law which violation could reasonably be expected (di) 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, (iii) to materially and adversely interfere with the continuing operation of the Project, or (iv) to materially and adversely impair the fair market value of any 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 any Secured Party to liability, or Borrower to material liability, under any Hazardous Substance Law; (c) to Borrower’s knowledge, there are no underground storage tanks tanks, whether operative or temporarily or permanently closed, located on the Real Property. As used herein; (d) to Borrower’s knowledge, there are no Hazardous Substances used, stored or present at or on the term Real Property, except in compliance with Hazardous Substance Laws and other Legal Requirements or as disclosed in the Phase I Environmental Report; (ie) “to Borrower’s knowledge, there are 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 Substances that could reasonably be expected to constitute migrate onto the Real Property, except as disclosed in the Phase I Environmental Report; and (f) to Borrower’s knowledge, there neither is nor has been any condition, circumstance, action, activity or contribute toevent that could reasonably be expected to be, or result in, a danger or hazard to public healthmaterial violation by Borrower of any Hazardous Substance Law, safety or welfare or to result in liability to any Secured Party or material liability to Borrower under any Hazardous Substance Law or any other material Environmental Claims against Borrower or any Secured Party. 4.10.2 Except as set forth on Exhibit G-4 or Exhibit G-5, with respect to the environmentReal Property, including(a) as of the Closing Date, without limitationthere is no pending or, threatened in writing or, to Borrower’s knowledge, contemplated, action, suit or proceeding under any hazardous Hazardous Substance Law by any Governmental Authority or toxic waste any other Person which is not a Governmental Authority to which Borrower is or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, will be named as they may be amended from time to time), the Environmental Lawsa party, and (iib) “Environmental Laws” shall mean and include thereafter, there is no pending or, threatened in writing or, to Borrower’s knowledge, contemplated, action, suit or proceeding by any Governmental Authority or any non-governmental third party under any Hazardous Substance Law which could reasonably be expected to have a Material Adverse Effect. 4.10.3 With respect to the Resource Conservation and Recovery ActReal Property, the Comprehensive Environmental Response(a) there is no consent or other decree, Compensation and Liability Act of 1980consent order, as amendedadministrative or other order, 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 Actor other administrative or judicial requirement outstanding under any Hazardous Substance Law, and (b) Borrower has not received written notice and is not aware of any state claim or local statutenotice of violation, regulationalleged violation, ordinancenon-compliance, order liability or decree relating potential liability under any Hazardous Substance Law, nor does Borrower have knowledge or reason to healthbelieve that any such action is being contemplated, safety considered or the environment. Notwithstanding anything to the contrary threatened. 4.10.4 Except as 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 Phase I Environmental Report, to Borrower’s knowledge there are no past violations that have not been finally resolved or existing violations of any Hazardous Substances Laws by any Person affecting the Real Property. 4.10.5 As of the Closing Date, there are no environmental reports, investigations, studies, audits, reviews or other analyses conducted by or which are in the possession of or known to Borrower in relation to the use, storage or presence of Hazardous Substances at or on the Site other than the Phase I Environmental Report.

Hazardous Substances. Schedule H attached hereto lists all environmental reportsSeller hereby warrants and represents, 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 actual knowledge that except as otherwise disclosed in the that certain Phase I Environmental ReportsSite Assessment, (a) no Hazardous Materials (as hereinafter defined) have been useddated November 25, generated2003, stored at, in or prepared by National Assessment Corp. 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 PropertyJob No. As used herein, the term 03-17116.1 (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 and Liability Act of 1980, as amended, the Superfund Amendments and Reauthorization Act of 198642 U.S.C. Section 9601, et. seq., the Federal Water Pollution Control Act, the Solid Waste Disposal Resource Conservation and Recovery Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act42 U.S.C. Section 6901 et. 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 relating settlement with respect to healthHazardous Substances is proposed, safety threatened, anticipated or the environment. Notwithstanding anything in existence with respect to the contrary set forth hereinProperty, and (vi) the Property has not previously been used as a landfill, cemetery, or as a dump for garbage or refuse. Seller has disclosed hereby indemnifies Purchaser and holds Purchaser harmless from and against any loss, cost, damage, liability or expense due 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 arising out of the Real Propertybreach of any representation or warranty contained in this Paragraph.

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 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 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 reportsThe Mortgagor shall not use, auditsor permit the use of, studies and similar documents relating to the Real Mortgaged Property which are in Seller’s possession and control (for the “Environmental Reports”)handling, and Seller has delivered a true and correct copy storage, transportation, manufacture, release or disposal of each such report to Buyerany Hazardous Substances. Except as otherwise disclosed in In addition, the Environmental ReportsMortgagor 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 (a) no Hazardous Materials (as hereinafter defined) have been used, generated, stored at, in or under or disposed the Mortgagor has obtained the prior written consent of at or from the Real Property during the period of Seller’s ownership except in accordance with Environmental Laws (as hereinafter defined), Mortgagee for such installation and maintenance and (b) no the Mortgagor installs and maintains such above-ground or underground storage tanks in compliance with all applicable Environmental Laws. Notwithstanding the foregoing, the Mortgagor or any tenant of the Mortgagor may use or store immaterial amounts of commonly known and used materials which may be deemed Hazardous Materials are present atSubstances hereunder, provided that any such use or storage (i) does not constitute a remunerative activity of the Mortgagor or any tenant, (ii) is incidental to the Mortgagor's or such tenant's primary use of the Mortgaged Property and does not constitute a primary use thereof, and (iii) complies at all times with all applicable Environmental Laws. "Hazardous Substances" means any Contaminant (as defined in the Credit Agreement), asbestos, ureaformaldehyde, polychlorinated biphenyls, nuclear fuel or under the Real Property at levels material, chemical waste, radioactive material, explosives, known carcinogens, petroleum products and by-products and other dangerous, toxic or in quantities in violation ofhazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or that would require investigation or cleanup underregulated by, any Environmental Law, (c) neither Seller nor Laws. Each of the Partnership has received any notice agreements set forth in Section 7.9 of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from Credit Agreement are hereby incorporated by reference herein with 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, same effect 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 if such agreements had been 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 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 (“XXXXX”), 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 Xxxxxxxxx’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 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 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, Xxxxxxxx-Xxxxxxxxx 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, 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 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.