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<br />Mortgagor's Amended and Restated Agreement of Limited Partnership dated even herewith (as
<br />may be amended, the "Partnership Agreement'') and/or any pledge and security agreement in favor
<br />of the Limited Partner, and (b) appoint additional or substitute general partners of the Mortgagor
<br />in accordance with the Partnership Agreement, in each case without the Mortgagee's consent.
<br />Section 8.4 HAZARDOUS SUBSTANCES. Except as disclosed in environmental
<br />reports delivered to Mortgagee prior to the date hereof. Mortgagor warrants, covenants, and
<br />represents to Mortgagor's actual knowledge there does not exist in or under the Premises any
<br />pollutant, toxic, or hazardous waste or substance, or any other material the release or disposal
<br />of which is regulated by any law, regulation, ordinance, or code, and that no part of the
<br />Premises was ever used for any industrial or manufacturing purpose or as a dump, sanitary
<br />landfill, or gasoline service station, and that there exists on the Premises no electrical
<br />transformers or other equipment containing PCBs or material amounts of asbestos. Mortgagor
<br />represents that it has received no summons, citations, directives, letters, or other
<br />communications, written or oral, from any federal, state, or local agency or department
<br />concerning the storing, releasing, pumping, pouring, emitting, emptying, or dumping of any
<br />pollutant, toxic, or hazardous waste or substance on the Premises.
<br />Mortgagor covenants and agrees that, except as permitted by Section 4.14 of the Loan Agreement,
<br />it shall not, nor shall it permit others to, use the Premises for the business of generating,
<br />transporting, storing, treating, or disposing of any pollutant, toxic, or hazardous substance, nor
<br />shall it either take or fail to take any action which may result in a release of any hazardous
<br />substance from or onto the Premises. Mortgagor agrees to indemnify and to hold Mortgagee
<br />harmless from any and all claims, causes of action, damages, penalties, and costs (including, but
<br />not limited to, reasonable attorneys' fees, consultants' fees, and related expenses) which may
<br />be asserted against, or incurred by, Mortgagee resulting from or due to release of any hazardous
<br />substance or waste on the Premises or arising out of any injury to human health or the
<br />environment by reason of the condition of the Premises, except to the extent caused by willful
<br />misconduct of Mortgagee. Mortgagor's duty to indemnify and hold harmless includes, but is not
<br />limited to, proceedings or actions commenced by any person (including, but not limited to, any
<br />federal, state, or local governmental agency or entity) before any court or administrative agency.
<br />Mortgagor further agrees that, pursuant to its duty to indemnify under this Section, Mortgagor
<br />shall indemnify Mortgagee against all expenses incurred by Mortgagee as they become due
<br />and not waiting for the ultimate outcome of the litigation or administrative proceeding.
<br />Mortgagor's obligation to indemnify and hold Mortgagee harmless hereunder shall survive
<br />satisfaction or foreclosure of this Mortgage.
<br />Section 8.5 SUCCESSORS AND ASSIGNS BOUND; NUMBER; GENDER; JOINT
<br />AND SEVERAL LIABILITY; CAPTIONS. The covenants and agreements contained herein
<br />shall bind, and the rights conferred hereby shall inure to, the respective heirs, legal representatives,
<br />successors, and assigns of Mortgagee and Mortgagor. Wherever used, the singular number shall
<br />include the plural, and the plural the singular. The use of any gender shall apply to all genders.
<br />All covenants and agreements of Mortgagor shall be joint and several. The captions and
<br />headings of the articles, sections, and paragraphs of this Mortgage are for convenience only
<br />and are not to be used to interpret or define the provisions hereof.
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