Common use of Site Assessments Clause in Contracts

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Condition. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such Site Assessment discloses that the Mortgaged Property is in Violation of any Environmental Law, then the cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid by Grantor, they shall be added to and become a part of the indebtedness secured hereby.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Grantor will permit Collateral Agent (by its officers, employees and agents) at any time and from time to time, either prior but not more frequently than once in any twelve-month period (unless otherwise required by any Tribunal having supervisory authority over Collateral Agent) to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments (the "Site Assessments") on the Mortgaged Property Land and Improvements for the purpose of determining whether there exists a Material Conditionon the Land and Improvements any environmental condition which could reasonably be expected to result in any liability, cost or expense to the owner, occupier or operator of the Land and Improvements arising under any Governmental Requirements relating to Hazardous Materials. The Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Assessments shall be conducted in accordance with Governmental Requirements. Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Reviewers are hereby authorized to enter upon the Mortgaged Property Land and Improvements for such purposes. The Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property Land and Improvements and such other tests on the Mortgaged Property Land and Improvements as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property Land and Improvements as Grantor has in Grantor's its possession or control and as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings meeting with the Site Reviewers appropriate personnel employed by Grantor having knowledge of such matters. If The costs of performing such Site Assessment discloses that Assessments, except during a Default, shall be paid by Collateral Agent. During a Default, the Mortgaged Property is in Violation of any Environmental Law, then the reasonable cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to upon demand of Collateral Agent and any such expenses borne by Collateral Agent and not promptly reimbursed by Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Mortgagee (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract contract, at the expense of Mortgagor, for the services of persons Persons (the "Site Reviewers") to perform environmental site assessments and other tests ("Site Assessments") on all or any portion of the Mortgaged Property for the purpose of determining whether there any environmental condition exists a Material Conditionon any Mortgaged Property which could reasonably be expected to result in any liability, cost, or expense to Mortgagee or any owner, occupier, or operator of such Mortgaged Property. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Mortgagor which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon all or any portion of the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials Substances on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Mortgagor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Mortgagee shall make the results of such Site Assessment discloses that Assessments available to Mortgagor, which, prior to an Event of Default, may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such all Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Mortgagor upon demand of Mortgagee and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes Upon reasonable information indicating that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liabilityis affected by Hazardous Substances, cost and upon reasonable notice during regular business hours, Lender, by or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by through its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons a person (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Property any environmental condition which could reasonably be expected to result in any liability, cost, or expense to the owner, occupier or operator of such Property arising under any state, federal or local law, rule or regulation relating to Hazardous Materials. The Site Assessments Assessment may be performed at any time or timestime, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Borrower which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Borrower will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Borrower, which may, at Borrower's election, participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site reviews. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts reasonable and shall be paid by Grantor, they Borrower upon demand of Lender and any such obligations shall be added to and become a part of the indebtedness Indebtedness secured herebyby this Instrument.

Site Assessments. If Beneficiary Mortgagee reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Mortgagee (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Condition. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor Mortgagor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Mortgagor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in GrantorMortgagor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such Site Assessment discloses that the Mortgaged Property is in Violation of any Environmental Law, then the cost of performing such Site Assessments shall be paid by Grantor Mortgagor to Beneficiary Mortgagee within ten (10) days after notice to Grantor Mortgagor from Beneficiary Mortgagee itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor Mortgagor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary Mortgagee shall pay such cost. Until such amounts shall be paid by GrantorMortgagor, they shall be added to and become a part of the indebtedness secured hereby.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Lender (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on or around the Mortgaged Property Collateral for the purpose of determining whether there exists a Material Conditionon or around the Collateral any environmental condition which could reasonably be expected to result in any liability, cost or expense to the owner, occupier or operator of such Collateral arising under any state, federal or local law, rule or regulation relating to Hazardous Materials. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Borrower which do not impede the performance of the Site Assessments. After the date of this Agreement, Lender will require Site Assessments only if Lender in good faith believes that there may be Hazardous Material Contamination on or around any of the Collateral and Lender will not require such Site Assessments to be performed more than once a year except that Lender shall be permitted to cause to be performed follow up Site Assessment(s), at any time if any Site Assessment recommends that such follow up site Assessment(s) be performed. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property Collateral for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on or around the Mortgaged Property Collateral and such other tests on the Mortgaged Property Collateral as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Borrower will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession Collateral as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Borrower, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Borrower upon demand of Lender and any such notice, with obligations shall accrue interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity maximum nonusurious rate of interest provided for in and shall be Obligations secured by the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid by Grantor, they shall be added to and become a part of the indebtedness secured hereby.Section 12.05

Site Assessments. If Beneficiary reasonably believes that Grantor will permit the Administrative Agent (by ---------------- its officers, employees and agents) at any time and from time to time, but not more frequently than once in any twelve month period (unless otherwise required by any Tribunal having supervisory authority over the Administrative Agent) to contract for the services of persons (the "Site Reviewers") to perform -------------- environmental site assessments (the "Site Assessments") on any Mortgaged ---------------- Property for the purpose of determining whether there exists on the such Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees and agents) at any time and from time Governmental Requirements relating to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material ConditionHazardous Materials. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. Site Assessments shall be conducted in accordance with Governmental Requirements. The Site Reviewers are hereby authorized to enter upon the any Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the any Mortgaged Property and such other tests on the any Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the any Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings meeting with the Site Reviewers appropriate personnel employed by Grantor having knowledge of such matters. If The costs of performing such Site Assessment discloses that Assessments, except during a Default, shall be paid by the Mortgaged Property is in Violation of any Environmental LawAdministrative Agent. During a Default, then the reasonable cost of performing such Site Assessments after the occurrence and during the continuance of a Default or Event of Default shall be paid by Grantor to Beneficiary within ten (10) days after notice to upon demand of the Administrative Agent and any such expenses borne by the Administrative Agent and not immediately reimbursed by Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Mortgagee (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract contract, at the expense of Mortgagor, for the services of persons Persons (the "Site Reviewers") to perform environmental site assessments and other tests ("Site Assessments") on all or any portion of the Mortgaged Property for the purpose of determining whether there any environmental condition exists a Material Conditionon any Mortgaged Property which could reasonably be expected to result in any liability, cost, or expense to Mortgagee or any owner, occupier, or operator of such Mortgaged Property. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Mortgagor which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon all or any portion of the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials Substances on the Mortgaged Property and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Mortgagor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Mortgagee shall make the results of such Site Assessment discloses that Assessments available to Mortgagor, which, prior to an Event of Default, may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such all Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Mortgagor upon demand of Mortgagee and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they shall be added to and become a part of the indebtedness secured herebythis Mortgage.

Site Assessments. If Beneficiary reasonably believes Lender shall ever have a reasonable basis to believe that there exists on are Hazardous Substances (other than Customary Complying Substances) or Hazardous Substances Contamination affecting any of the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liabilityProperty, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Lender (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons Persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition which could result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Law. The Site Assessments may be performed at any time or times, upon reasonable notice, notice and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Indemnitor which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of any Hazardous Materials Substances on the Mortgaged Property Property, and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Indemnitor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Indemnitor, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The reasonable cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Indemnitor upon demand of Lender and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in obligations shall be Indebtedness secured by the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts Documents and shall be paid payable by Grantor, they shall be added to and become a part of the indebtedness secured herebyIndemnitor upon demand.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Landlord (by its officers, partners, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers"“SITE REVIEWERS”) to perform environmental site assessments ("“Site Assessments"”) on the Mortgaged Property Leased Premises for the purpose of determining whether there exists a Material Conditionon the Leased Premises any environmental condition which could reasonably be expected to result in any liability, cost, or expense to the owner, occupier or operator of the Leased Premises arising under any Applicable Laws. The Site Assessments may be performed at any time or times, upon reasonable noticenotice to Tenant, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Tenant which do not impede the performance of the Site AssessmentsReviewers. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property Leased Premises for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on or under the Mortgaged Property Leased Premises and such other tests on the Mortgaged Property Leased Premises as may be necessary to conduct the Site Assessments assessments in the reasonable opinion of the Site Reviewers. Grantor Tenant will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession use of the Leased Premises by Tenant as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings meeting with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Landlord shall make the results of such Site Assessment discloses that Assessments fully available to Tenant. Prior to an Event of Default, Tenant may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor Tenant upon demand by Landlord if it is determined by the Site Reviewers that any Hazardous Materials Contamination has been caused by a Tenant Responsible Party, and such amounts shall accrue interest at the Default Rate from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after demand until paid in full. Tenant shall have the effective date right to reimbursement of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant Assessments in the event a court of competent jurisdiction makes a final adjudication that such contamination was not caused by a Tenant Responsible Party. Landlord shall have the right, but not the obligation, prior or subsequent to an Event of Default, without in any way limiting Landlord’s other rights and remedies under this Lease, to enter onto the Leased Premises or to take such other action as it deems necessary or advisable to clean up, remove, resolve, or minimize the impact of, or otherwise deal with, any Hazardous Materials, or Hazardous Materials Contamination on or under the Leased Premises following receipt of any notice from any person or entity asserting the existence of any Hazardous Materials or Hazardous Materials Contamination pertaining to the immediately preceding sentenceLeased Premises or any part thereof, Beneficiary shall pay which, if true, could result in an order, suit, imposition or a lien on the Leased Premises, or potential environmental liability. If any Hazardous Materials Contamination has been caused by or is attributable to a Tenant Responsible Party, all costs and expenses paid or incurred by Landlord in the exercise of any such cost. Until such amounts rights shall be payable upon demand by Landlord, and shall accrue interest at the Default Rate from the date of demand until paid by Grantor, they shall be added to and become a part of the indebtedness secured herebyin full.

Site Assessments. If Beneficiary reasonably believes Lessor shall have an objective reason to ---------------- believe that there are Hazardous Materials or Hazardous Materials contamination, such reason being based upon a visible, apparent or documented condition of the Leased Premises or any contiguous Leased Premises, then Lessor (by its officers, employees and agents), at any reasonable time and from time to time, may first provide Lessee with notice of its concern and request that Lessee retain a qualified industrial hygienist approved by Lessor (the "Site Reviewers") to perform a Phase I site assessment and a Phase II site assessment, as required or recommended in the Phase I report, ("Site Assessments"). If Lessee fails to deliver the requested Site Assessment to Lessor within a prompt, yet reasonable, period of time, then Lessor may contract for the services of Site Reviewers to perform Site Assessments. The Site Assessments on the Leased Premises will be reasonable in scope and based upon the suspected condition for the purpose of determining whether there exists on the Mortgaged Property Leased Premises any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property Leased Premises arising under any Environmental Laws (a "Material Condition")state, Beneficiary (by its officersfederal or local law, employees and agents) at any time and from time rule or regulation relating to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material ConditionHazardous Materials. The Site Assessments may be performed at any time or timestime(s), upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Lessee which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property Leased Premises for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property Leased Premises and such other tests on the Mortgaged Property Leased Premises as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Lessee will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession Leased Premises as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such Site Assessment discloses that On request, the Mortgaged Property is in Violation results of any Environmental LawSite Assessments shall be made fully available to Lessee and Lessor. Unless otherwise agreed by Lessor and Lessee, then the cost of performing such Site Assessments shall be paid by Grantor Lessee, and if incurred by Lessor shall be paid by Lessee to Beneficiary Lessor upon its demand. This monetary obligation shall constitute additional rental due on demand made by Lessor. In addition, Lessee shall have the right to perform Phase I and Phase II Site Assessments, within ten (10) 120 days after notice to Grantor from Beneficiary itemizing the amounts incurred to of the effective date of such noticethis Lease, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided and Lessor shall reimburse Lessee for in the Loan Documents. If Grantor is not obligated costs, up to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid by Grantor, they shall be added to and become a part $1,750.00 of the indebtedness secured herebyPhase I Site Assessment.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees employees, and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "“Site Reviewers"”) to perform environmental site assessments ("“Site Assessments"”) on the Mortgaged Property for the purpose of determining whether there exists on the Property any Environmental Condition which could reasonably be expected to result in a Material Conditionviolation of any Governmental Requirements or in an Environmental Claim. The Site Assessments may be performed at any time or times, upon reasonable noticenotice to Grantor, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Beneficiary shall make the results of such Site Assessment discloses that Assessments fully available to Grantor, which (prior to an Event of Default hereunder) may, at Grantor’s election, participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such Site Assessments shall be paid by Grantor to upon demand of Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes Lender shall ever have reason to believe that there exists on are Hazardous Substances or Hazardous Substances Contamination affecting any of the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liabilityProperty, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Lender (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition which could result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Law. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Indemnitor which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of any Hazardous Materials Substances on the Mortgaged Property Property, and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Indemnitor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Indemnitor, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Indemnitor upon demand of Lender and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they the Deed of Trust and shall be added to and become a part of the indebtedness secured herebypayable by Indemnitor upon demand.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees and agents) at any time and from time to time, either prior to or time after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition which could reasonably be expected to result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any state, federal or local law, rule or regulation relating to Hazardous Materials. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site AssessmentsAssessments (the foregoing rights shall not be applicable during the continuance of an Event of Default unless applicable law requires otherwise). The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such Site Assessment discloses that the Mortgaged Property is in Violation of any Environmental Law, then the The cost of performing such Site Assessments shall be paid by Grantor to upon demand of Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Grantor will permit Administrative Agent (by its officers, employees and agents) at any time and from time to time, either prior but not more frequently than once in any twelve-month period (unless otherwise required by any Tribunal having supervisory authority over Administrative Agent) to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments (the "Site Assessments") on the Mortgaged Property Land and Improvements for the purpose of determining whether there exists a Material Conditionon the Land and Improvements any environmental condition which could reasonably be expected to result in any liability, cost or expense to the owner, occupier or operator of the Land and Improvements arising under any Governmental Requirements relating to Hazardous Materials. The Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Assessments shall be conducted in accordance with Governmental Requirements. Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Reviewers are hereby authorized to enter upon the Mortgaged Property Land and Improvements for such purposes. The Subject to the consent of the Lessor and subject to the provisions of the Lease, the Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property Land and Improvements and such other tests on the Mortgaged Property Land and Improvements as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property Land and Improvements as Grantor has in Grantor's its possession or control and as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings meeting with the Site Reviewers appropriate personnel employed by Grantor having knowledge of such matters. If The costs of performing such Site Assessment discloses that Assessments, except during a Default, shall be paid by Administrative Agent. During a Default, the Mortgaged Property is in Violation of any Environmental Law, then the reasonable cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to upon demand of Administrative Agent and any such expenses borne by Administrative Agent and not promptly reimbursed by Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid secured by Grantor, they shall be added to and become a part this Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes Except for the Port Xxxxxx Environmental Issue, in the event that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees and agents) Administrative Agent at any time and from time to time, either prior to or after the occurrence of an Event of Default, reasonably believes that conditions may exist with respect to the Timber Property, or any part thereof, which could constitute a violation of any Environmental Laws and could reasonably be expected to threaten potential liability in excess of $250,000, the Administrative Agent may contract for the services of persons (the "“Site Reviewers"”) to perform environmental site assessments ("“Site Assessments"”) on the Mortgaged Timber Property for the purpose of determining whether there in fact exists a Material Conditionon the Timber Property any environmental condition which could reasonably be expected to result in any liability, cost or expense to the owner, occupier or operator of such Timber Property arising under any Environmental Laws. The To the extent reasonably possible, the Administrative Agent shall limit the scope of any such Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, Assessment to those designed to prevent unreasonable interference with use portions of the Mortgaged Property) Timber Property which do not impede the performance of the Site AssessmentsAdministrative Agent believes are affected by an adverse environmental condition. The Site Reviewers are hereby authorized to enter upon the Mortgaged Timber Property for such purposes. The Site Reviewers are further authorized to perform both above and below ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Timber Property and such other tests on the Mortgaged Timber Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Borrower will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Timber Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such So long as the Site Assessment discloses establishes a material violation of an Environmental Law that the Mortgaged Property is could reasonably be expected to result in Violation a potential liability in excess of any Environmental Law$250,000, then the cost of performing such Site Assessments Assessment shall be paid by Grantor Borrower to Beneficiary the Administrative Agent within ten (10) days after notice to Grantor Borrower from Beneficiary the Administrative Agent itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after from the effective date of such notice payment by the Administrative Agent at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such costDefault Rate. Until such amounts shall be paid by GrantorBorrower, they shall will be added to and become a part of the indebtedness secured herebyby the Mortgages.

Site Assessments. If Beneficiary reasonably believes that there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary (by its officers, employees and agents) at At any time and from time to time, either prior to or after during the occurrence continuance of an Event of Default, the Required Holders (or the Collateral Agent acting at the direction of such Required Holders) may contract for the services of persons (the "“Site Reviewers"”) to perform environmental site assessments ("“Site Assessments"”) on the Mortgaged Property Properties for the purpose of determining whether there exists a Material Conditionon the Mortgaged Properties any Environmental Condition or Environmental Activity, or other ownership or operation of the Mortgaged Properties that is in violation of Environmental Laws or could reasonably be expected to result in Environmental Damages. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which Company that do not unreasonably impede the performance of the Site Assessments. The Company hereby grants, and shall cause any tenant to grant, to an Indemnified Party, its agents, attorneys, employees, consultants, and contractors and the Site Reviewers are hereby authorized Reviewers, a license and authorization to enter upon and inspect the Mortgaged Property for Properties and perform such purposestests, including, without limitation, subsurface testing, soil and ground water testing, and other tests that may physically invade the Mortgaged Properties, as the Required Holders of Notes at the time outstanding, in their sole discretion, determine is necessary to protect their liens, assignments, and/or security interests in the Mortgaged Properties. The Site Reviewers are further authorized to perform both above and below ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Company will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession Properties as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make reasonably available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, the Collateral Agent or any Holder shall make the results of such Site Assessment discloses that Assessments fully available to the Mortgaged Property is Company within a reasonable period of time after such request, and the Company (prior to an Event of Default) may at its election participate under reasonable procedures in Violation of any Environmental Law, then the such Site Assessments. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid by Grantor, they shall be added to and become a part Company upon demand of the indebtedness secured herebyCollateral Agent.

Site Assessments. If Beneficiary reasonably believes Lessor shall have an objective reason to believe that there are Hazardous Materials or Hazardous Materials contamination, such reason being based upon a visible, apparent or documented condition of the Leased Premises or any contiguous Leased Premises, then Lessor (by its officers, employees and agents), at any reasonable time and from time to time, may first provide Lessee with notice of its concern and request that Lessee retain a qualified industrial hygienist approved by Lessor (the “Site Reviewers”) to perform a Phase I site assessment and a Phase II site assessment, as required or recommended in the Phase I report, (“Site Assessments”). If Lessee fails to deliver the requested Site Assessment to Lessor within a prompt, yet reasonable, period of time, then Lessor may contract for the services of Site Reviewers to perform Site Assessments. The Site Assessments on the Leased Premises will be reasonable in scope and based upon the suspected condition for the purpose of determining whether there exists on the Mortgaged Property Leased Premises any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property Leased Premises arising under any Environmental Laws (a "Material Condition")state, Beneficiary (by its officersfederal or local law, employees and agents) at any time and from time rule or regulation relating to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material ConditionHazardous Materials. The Site Assessments may be performed at any time or timestime(s), upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Lessee which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property Leased Premises for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property Leased Premises and such other tests on the Mortgaged Property Leased Premises as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Lessee will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession Leased Premises as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such Site Assessment discloses that On request, the Mortgaged Property is in Violation results of any Environmental Law, then the Site Assessments shall be made fully available to Lessee and Lessor. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts Lessee, and if incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts by Lessor shall be paid by Grantor, they Lessee to Lessor upon its demand. This monetary obligation shall be added to and become a part of the indebtedness secured herebyconstitute additional rental due on demand made by Lessor.

Site Assessments. If Beneficiary reasonably believes shall ever in good faith believe that there exists on may be a possibility of Hazardous Materials or Hazardous Materials Contamination affecting any of the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition")Property, Beneficiary (by its officers, employees and agents) at any time and from time to timetime after notice to Grantor of same (except in an emergency or where not practical under applicable law, in which case notice is waived), either prior to or after the occurrence of a default or an Event of Default, may contract for the services of persons (the "“Site Reviewers"”) to perform environmental site assessments ("“Site Assessments"”) on the Mortgaged Property for the purpose of determining whether there any environmental condition exists a Material Conditionwhich could result in any liability, cost or expense to the owner, occupier or operator of such Property. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Beneficiary shall make the results of such Site Assessment discloses that the Mortgaged Property is in Violation of any Environmental Law, then the Assessments fully available to Grantor. The cost of performing such Site Assessments shall be paid by Grantor to upon demand of Beneficiary. Any such obligations shall be Indebtedness secured by this Deed of Trust, shall be payable by Grantor upon demand and shall bear interest from the date paid by Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of such notice, with interest thereon commencing ten (10) days after the effective date of such notice until reimbursed at the default or post-maturity highest per annum interest rate of interest provided for in the Loan Documents. If Grantor is not obligated applicable to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts shall be paid by Grantor, they shall be added to and become a part any of the indebtedness secured herebyIndebtedness but not to exceed the highest rate permitted by applicable law.

Site Assessments. If Beneficiary reasonably believes that there exists on 4.1 At any time after the Mortgaged Property any environmental condition which could reasonably be expected occurrence of an Event of Default, or if Indemnitor fails timely to result in any material liability, cost or expense deliver to the owner, occupier or operator of such Mortgaged Property arising under Lender any Environmental Laws (a "Material Condition")Report required under this Agreement, Beneficiary Lender may (by its officers, employees and agents) at any time and from time to timeLender’s option, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition or violation of Environmental Laws which could result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Law. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed . Indemnitor hereby irrevocably grants to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized a license to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further licensed and authorized to perform both above and below ground testing for environmental damage or the presence of Hazardous Materials on the Mortgaged Property Substances Contamination, and to perform such other tests on with respect to the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments Assessments, in the reasonable opinion of the Site Reviewers. Grantor will Indemnitor covenants and agrees to supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request of Indemnitor, Lender shall make the results of such Site Assessment discloses that the Mortgaged Property is in Violation of any Environmental Law, then the Assessments available to Indemnitor. The cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Indemnitor upon demand of Lender and all such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Indebtedness secured by Grantor, they shall be added to and become a part the Deed of the indebtedness secured herebyTrust.

Site Assessments. If Beneficiary reasonably believes shall in good faith ever have reason to believe that there are Hazardous Substances or Hazardous Substances Contamination affecting any of the Property is a way that will materially and adversely affect the use or value of the Property, taken as a whole, Beneficiary (by its officers, employees and agents) at any time and from time to time either prior to or after the occurrence of an Event of Default may contract for the services of persons (the “Site Reviewers”) to perform environmental site assessments (the “Site Assessments”) on the Property for the purpose of determining whether there exists on the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition")state, Beneficiary (by its officersfederal or local law, employees and agents) at any time and from time rule or regulation relating to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material ConditionHazardous Substances. The Site Assessments may be performed at any time or times, upon reasonable notice, and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) which do not impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers are further authorized to perform both above and below the ground testing for environmental damage or the presence of Hazardous Materials Substances on the Mortgaged Property and such other tests on the Mortgaged Property as may be necessary to conduct the Site Assessments in the reasonable opinion of the Site ReviewersReviewers after consultation with Grantor. Grantor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If such On request, Beneficiary shall make the results of the Site Assessment discloses that Assessments fully available to Grantor, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then the Site Assessments and the description of tasks of the Site Reviewers. The cost of performing such the Site Assessments shall be paid by Grantor to upon demand of Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date of and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts obligations shall be paid Obligations secured by Grantor, they this Deed of Trust and shall be added to and become a part of the indebtedness secured herebypayable by Grantor upon demand.

Site Assessments. If Beneficiary reasonably believes Lender shall ever have a reasonable basis to believe that there exists on are Hazardous Substances (other than Customary Complying Substances) or Hazardous Substances Contamination affecting any of the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liabilityviolation of Environmental Laws, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Lender (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons Persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition which could result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Law. The Site Assessments may be performed at any time or timestimes so as to not unreasonably interfere with any tenants occupying the Mortgaged Property, upon reasonable notice, notice and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Indemnitor which do not unreasonably impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers Reviewers, provided that the Mortgaged Property is materially restored to its condition as existed prior to such Site Assessments, are further authorized to perform both above and below the ground testing for environmental damage or the presence of any Hazardous Materials Substances Contamination on the Mortgaged Property Property, and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Indemnitor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Indemnitor, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The reasonable cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Indemnitor upon demand of Lender and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in obligations shall be Indebtedness secured by the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts Documents and shall be paid payable by Grantor, they shall be added to and become a part of the indebtedness secured herebyIndemnitor upon demand.

Site Assessments. If Beneficiary reasonably believes Lender shall ever have a reasonable basis to believe that there exists on are Hazardous Substances (other than Customary Complying Substances) or Hazardous Substances Contamination affecting any of the Mortgaged Property any environmental condition which could reasonably be expected to result in any material liabilityviolation of Environmental Laws, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Laws (a "Material Condition"), Beneficiary Lender (by its officers, employees and agents) at any time and from time to time, either prior to or after the occurrence of an Event of Default, may contract for the services of persons Persons (the "Site Reviewers") to perform environmental site assessments ("Site Assessments") on the Mortgaged Property for the purpose of determining whether there exists a Material Conditionon the Mortgaged Property any environmental condition which could result in any liability, cost or expense to the owner, occupier or operator of such Mortgaged Property arising under any Environmental Law. The Site Assessments may be performed at any time or timestimes so as to not unreasonably interfere with any tenants occupying the Mortgaged Property, upon reasonable notice, notice and under reasonable conditions established by Grantor (including, without limitation, those designed to prevent unreasonable interference with use of the Mortgaged Property) Indemnitor which do not unreasonably impede the performance of the Site Assessments. The Site Reviewers are hereby authorized to enter upon the Mortgaged Property for such purposes. The Site Reviewers Reviewers, provided that the Mortgaged Property is materially restored to its condition as existed prior to such Site Assessments, are further authorized to perform both above and below the ground testing for environmental damage or the presence of any Hazardous Materials Substances Contamination on the Mortgaged Property Property, and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers. Grantor Indemnitor will supply to the Site Reviewers such historical and operational information regarding the Mortgaged Property in Grantor's possession as may be reasonably requested by the Site Reviewers to facilitate the Site Assessments and will make available for meetings with the Site Reviewers appropriate personnel having knowledge of such matters. If On request, Lender shall make the results of such Site Assessment discloses that Assessments fully available to Indemnitor, which (prior to an Event of Default) may at its election participate under reasonable procedures in the Mortgaged Property is in Violation direction of any Environmental Law, then such Site Assessments and the description of tasks of the Site Reviewers. The reasonable cost of performing such Site Assessments shall be paid by Grantor to Beneficiary within ten (10) days after notice to Grantor from Beneficiary itemizing the amounts incurred to the effective date Indemnitor upon demand of Lender and any such notice, with interest thereon commencing ten (10) days after the effective date of such notice at the default or post-maturity rate of interest provided for in obligations shall be Indebtedness secured by the Loan Documents. If Grantor is not obligated to pay the cost of performing such Site Assessment pursuant to the immediately preceding sentence, Beneficiary shall pay such cost. Until such amounts Documents and shall be paid payable by GrantorIndemnitor upon demand. ENVIRONMENTAL INDEMNITY AGREEMENT XXXXX-XXXX XXXXXX, they shall be added to and become a part of the indebtedness secured hereby.XXXXXXX 000000 v.2 ARTICLE VII INDEMNIFICATION