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13135953v2
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<br />20
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<br />will operate the Mortgaged Property and has and at all times will receive,
<br />handle, use, store, treat, transport and dispose of all petroleum products
<br />and all other toxic dangerous or hazardous chemicals, materials,
<br />substances, pollutants and wastes, and any chemical, material or substance
<br />exposure to which is prohibited, limited or regulated by any federal, state,
<br />county, regional or local authority or which even if not so prohibited,
<br />limited or regulated, may or could pose a hazard to the health and safety of
<br />the occupants of the Mortgaged Property or the occupants and/or owners
<br />of property near the Mortgaged Property (all the foregoing being
<br />hereinafter collectively referred to as “Hazardous Materials”) in strict
<br />compliance with all applicable environmental, health or safety statutes,
<br />ordinances, orders, rules, standards, regulations or requirements, and (b)
<br />except for matters disclosed in the Phase I, has removed from the
<br />Mortgaged Property all Hazardous Materials;
<br />(b) to the actual knowledge of the Mortgagor, there are no existing or pending
<br />statutes, orders, standards, rules or regulations relating to environmental
<br />matters requiring any remedial actions or other work, repairs, construction
<br />or capital expenditures with respect to the Mortgaged Property, nor has
<br />Mortgagor received any notice of any of the same;
<br />(c) to the actual knowledge of the Mortgagor, except for matters disclosed in
<br />the Phase I, no Hazardous Materials have been or will be released into the
<br />environment, or have been or will be deposited, spilled, discharged, placed
<br />or disposed of at, on, or near the Premises, nor has or will the Mortgaged
<br />Property be used at any time by any person as landfill or a disposal site for
<br />Hazardous Materials or for garbage, waste or refuse of any kind;
<br />(d) to the actual knowledge of the Mortgagor, there are no electrical
<br />transformers or other equipment containing dielectric fluid containing
<br />polychlorinated biphenyls located in, on or under the Mortgaged Property,
<br />nor, except for matters disclosed in the Phase I, is there any friable
<br />asbestos contained in, on or under the Mortgaged Property, nor will
<br />Mortgagor permit the installation of same;
<br />(e) to the actual knowledge of the Mortgagor, except for matters disclosed in
<br />the Phase I, there are no locations off the Mortgaged Property, where
<br />Hazardous Materials generated by or on the Mortgaged Property have
<br />been treated, stored, deposited or disposed of;
<br />(f) to the actual knowledge of the Mortgagor, there is no fact pertaining to the
<br />physical condition of either the Mortgaged Property or the area
<br />surrounding the Mortgaged Property which materially adversely affects or
<br />will materially adversely affect the Mortgaged Property or the use or
<br />enjoyment or the value thereof, or Mortgagor’s ability to perform the
<br />transactions contemplated by this Mortgage;
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