Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except To Borrower’s knowledge, except as set forth disclosed in the environmental reports respecting the Property obtained by identified on Schedule 2 attached hereto and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe “Environmental Reports”): (a) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws (collectively, “Environmental Laws”); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”) or 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”); (iiic) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting the Property obtained by assessment report delivered to Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeLoan, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”"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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”"TOXIC MOLD") or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”"HAZARDOUS SUBSTANCES"); (iii) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to Owner’s such 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 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 (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there . There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower which have not been provided to Lender.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge after due inquiry and investigation, except as set forth disclosed in the environmental reports respecting the Property obtained by Lender Phase I Reports, in connection with the making of this Agreement, and to Borrower’s Knowledge, all material respects: (ia) the each Individual Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-super- lien and environmental clean-up statutes (including with and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the no Individual Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the each Individual Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the each Individual Property other than in compliance with all Environmental Laws; and (ivd) no Hazardous Substances other than Permitted Materials are present in, on or under any nearby real property which could migrate to or otherwise affect the each Individual Property; . So long as Borrower owns or is in possession of each Individual Property, Borrower (vi) no Toxic Mold is 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 about the 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 requires remediation; shall pose a threat to the health, safety or welfare of humans, and (viiii) no underground 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 case 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 in this paragraph, Borrower and its tenants may use and store Hazardous Substances at each Individual Property if such use or storage tanks exist on is in connection with the ordinary operation, cleaning 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 Phase 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making For purposes of this AgreementSection 7, “Hazardous Substance” means any matter giving rise to liability under the Resource Conservation and to Borrower’s KnowledgeRecovery Act, (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation42 U.S.C. Section 6901 et seq., contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes U.S.C. Section 9601 et seq. (including with respect to Toxic Moldthe so-called “Superfund” amendments thereto), any other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law requiring related permits and licenses and theory based on nuisance or strict liability (all amendments to and regulations in respect of the foregoing laws (collectivelystatutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Environmental 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) the Property is not subject to any private causes a public health effect; or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 pollutes the environment, Tenant, except to the extent such matters were caused by the Indemnified Landlord Parties (including the period prior to Owner’s acquisition of the Propertyas hereinafter defined), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with shall promptly take any and all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate remedial and removal action necessary to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on 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 has never been used disclosed on the most recent Phase I Environmental Assessment available for the Property, such conditions discovered during the performance of the Improvements, 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 a landfill; and (vii) there have been no environmental investigationsof the Effective Date, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderthan the Known Existing Environmental Conditions.

Hazardous Substances. Except A. Tenant shall not cause or permit any Hazardous Substance (as set forth hereinafter defined) to be used, stored, generated, contained or disposed of on or in the environmental reports respecting Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Property obtained Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by Lender a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in connection the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the making actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to Borrowertime. To Landlord’s Knowledgecurrent actual knowledge, (i) without the Property is not duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Legal Requirement pertaining to Environmental Law, or imposing liability or standards of conduct concerning environmental regulationrequiring any notice, contamination or investigation, clean-up, including or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Comprehensive Environmental ResponseTenant and its officers, Compensation directors, agents and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, employees harmless from 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 claims, damages, fines, judgments, penalties, costs, liabilities and regulations in respect of losses arising during or after 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used Term as a landfill; result of Landlord’s breach of such representation and (vii) there have been no environmental investigations, studies, audits, reviews warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease Agreement.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making For purposes of this AgreementSection 7, “Hazardous Substance” means any matter giving rise to liability under the Resource Conservation and to Borrower’s KnowledgeRecovery Act, (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation42 U.S.C. Section 6901 et seq., contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes U.S.C. Section 9601 et seq. (including with respect to Toxic Moldthe so-called “Superfund” amendments thereto), any other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law requiring related permits and licenses and theory based on nuisance or strict liability (all amendments to and regulations in respect of the foregoing laws (collectivelystatutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Environmental 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) the Property is not subject to any private causes a public health effect; or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 pollutes the environment, Tenant, except to the extent such matters were caused by the Indemnified Landlord Parties (including the period prior to Owner’s acquisition of the Propertyas hereinafter defined), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with shall promptly take any and all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate remedial and removal action necessary to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on 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 has never been used disclosed on the most recent Phase I Environmental Assessment available for the Property, such conditions discovered during the performance of the Improvements, Specified Environmental Liabilities (as a landfill; hereinafter defined) and (vii) there have been no environmental investigationsconditions at the Property known by any of the Indemnified Landlord Parties, studiesand “Unknown Existing Environmental Conditions” means the existence, auditspresence or release of Hazardous Substances in violation of Hazardous Materials Laws at the Property as of the Effective Date, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderthan the Known Existing Environmental Conditions.

Hazardous Substances. Except as set forth expressly disclosed in the any environmental reports respecting report regarding the Property obtained by and delivered to Lender in connection with the making of this AgreementLoan, and to Borrower’s Knowledgeknowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 period prior to OwnerBorrower’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 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) to Borrower’s knowledge, no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except To the best of each Borrower's knowledge after due inquiry, except as set forth disclosed in the written environmental reports respecting delivered to Lender prior to the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, date hereof: (i) the no 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)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 no 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 toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s the acquisition of any Collateral Property by the PropertyBorrower that owns it), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the 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 the acquisition of any Collateral Property by the Borrower that 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 the any Collateral Property; (v) no Toxic Mold is on or about the Property which requires remediation; and (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there any Collateral Property. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting the Property obtained by assessment report delivered to Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeLoan, (i) to the best of Borrower’s knowledge, after due inquiry, 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 the best of Borrower’s knowledge, after due inquiry, 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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 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; and (vi) to the best of Borrower’s knowledge, after due inquiry, no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) . To the best of Borrower’s knowledge, after due inquiry, there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except Buffalo China hereby represents and warrants to Mortgagee that, to the best of Buffalo China's knowledge, after due inquiry and investigation except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, disclosed on Exhibit B annexed hereto: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 (including with and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s 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; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this paragraph, Buffalo China and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Trustor hereby represents and warrants to Beneficiary that, to the best of Trustor's knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting report dated December 19, 1997, prepared by KTR Environmental Services, Inc. (the Property obtained by Lender "PHASE I REPORT") and delivered to Beneficiary in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Trust Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Trustor's acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Trust Property. So long as Trustor owns or is in possession of the Trust Property, Trustor (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Beneficiary if Trustor shall become aware of any Hazardous Substances on or near the Trust Property and/or if Trustor shall become aware that the Trust Property is in direct or indirect violation of any Environmental Laws and/or if Trustor shall become aware of any condition on or near the Trust Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Trustor shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Beneficiary in the case of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Beneficiary ("BENEFICIARY'S CONSULTANT")), promptly after Trustor becomes aware of same, at Trustor's sole expense. Notwithstanding anything to the contrary in this paragraph, the Trustor may use and store immaterial amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Trustor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Trustor under this Paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Beneficiary of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Trust Property has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Tenant covenants and agrees that it shall not cause or permit any “Hazardous Substances” (as set forth in hereinafter defined) to be placed, held, generated, handled, transported, located or disposed of in, on, about or at the environmental reports respecting Leased Premises or the Property obtained by Lender in connection with Building or any part thereof and that neither the making of this AgreementLeased Premises or the Building 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 Lease Term. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, and to Borrower’s Knowledgeliabilities, (i) the Property is not in violation including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any Legal Requirement pertaining to settlement or imposing liability judgment and claims of any and every kind whatsoever paid incurred or standards suffered by, or asserted against, Landlord by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from, the Leased Premises or the Building of conduct concerning environmental regulationany Hazardous Substance (including, contamination or clean-upwithout limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, costs or any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability 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 Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 foregoing indemnity is limited to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect matters arising solely from Tenant’s violation of the foregoing laws (collectivelycovenants contained herein. For purposes of this Lease, “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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except Oneida hereby represents and warrants to Mortgagee that, to the best of Oneida's knowledge, after due inquiry and investigation except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, disclosed on Exhibit B annexed hereto: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 (including with and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Oneida's acquisition of the Mortgaged Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Mortgaged Property. So long as Oneida owns any interest in or is in possession of the Mortgaged Property, Oneida (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Oneida shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Oneida shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Oneida shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Oneida shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Oneida in the case of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Oneida becomes aware of same, at Oneida's sole expense. Notwithstanding anything to the contrary in this paragraph, Oneida and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Oneida from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Oneida under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, the acquisition of the Mortgaged Property has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge, after due inquiry and investigation, and except as set forth disclosed in the environmental reports respecting audits of the Mortgaged Property obtained by furnished to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Borrower's acquisition of the Mortgaged Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) 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 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 Property has never been used as a landfill; principal balance of the sums due under the Note and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section which have not been provided 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. (i) Except as set forth in the environmental reports respecting Environmental Reports (as defined in the Property obtained by Lender in connection with the making of this AgreementEnvironmental Indemnity being executed contemporaneously herewith), and to Borrower’s Knowledgeknowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 Phase I prepared for Lender as directed by Borrower, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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 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 Property 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 Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Each Borrower hereby represents and warrants to Lender in connection with the making of this Agreementthat, and to such Borrower’s Knowledge, 's knowledge: (ia) the Property Borrower's Project is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all regulations adopted in 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”"); (iib) the Property such Project is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) except for lawfully used cleaning fluids and/or copier toner or other substances typically used in offices or non-dry cleaning retail establishments ("Permitted Substances"), no Hazardous Substances are or have been (including the period prior to Owner’s such Borrower's acquisition of the Property), such Project) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property such Project other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Propertysuch Project; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of such Project. So long as such Borrower owns or is in possession of such Project, such Borrower (i) shall keep or cause such Project to be kept free from Hazardous Substances (except for Permitted Substances) and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if such Borrower shall become aware of any Hazardous Substances (except for Permitted Substances) on or near such Project and/or if such Borrower shall become aware that such Project is in direct or indirect violation of any Environmental Laws and/or if such Borrower shall become aware of any condition on or near such Project which shall pose a threat to the Property health, safety or welfare of humans, (iii) such Borrower shall remove such Hazardous Substances (except for Permitted 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 case 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 such Borrower becomes aware of same, at such Borrower's sole expense and (iv) shall comply with all of the recommendations contained in the environmental report which was delivered to Lender in connection with the origination of the applicable Loan. Nothing herein shall prevent a Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of a Borrower under this Section 9.1 shall survive any termination, satisfaction, or assignment of the Deed of Trust or Mortgage and the Property has never been used as exercise by Lender of any of its rights or remedies thereunder, including, without limitation, the acquisition of a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews Project by foreclosure or other analyses conducted by or on behalf a conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except To Borrower's knowledge, except as set forth disclosed in the environmental reports respecting reports, dated December 15, 2004 prepared by URS Corporation Americas (the Property obtained by "Phase I Reports") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws (collectively, “"Environmental Laws”"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”") or 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s 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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except Tenant hereby covenants and agrees that Tenant shall not cause or permit any "Hazardous Substances" (as set forth hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the 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 CERCLA (as hereinafter defined), 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 Substances. For purposes of this Article 43, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the environmental reports respecting list of Hazardous Substances adopted by the Property obtained United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Lender in connection with Congress or the making of this AgreementEPA which are defined as hazardous, and to Borrower’s Knowledgetoxic, (i) the Property is not in violation of pollutant, infectious or radioactive by any Legal Requirement pertaining other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning environmental regulationconcerning, contamination any hazardous, toxic or clean-updangerous 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 direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act["CERCLA"], any so-called federal, state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing "Superfund" or "Superlien" 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”Law); (iii) no Hazardous Substances are or have been (including provided, however, that the period prior foregoing indemnity is limited to Owner’s acquisition matters arising solely from Tenant's violation of the Property), discharged, generated, treated, disposed covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration 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 or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease.

Hazardous Substances. Except 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 audit reports respecting provided to BNP by the Contributing Parties and in the environmental assessments of the Property obtained by Lender in connection with conducted on behalf of BNP (the making "Environmental Assessments"), as of this Agreementthe Closing Date, and to Borrower’s Knowledgethe Contributing Parties have not generated, (i) stored, released, discharged or disposed of hazardous substances or hazardous wastes at, upon or from the Property is not in violation of any Legal Requirement pertaining 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, (x) as of the date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or imposing liability in the Environmental Assessments, as of the Closing Date, no hazardous substances or standards hazardous wastes have otherwise been generated, stored, released, discharged or disposed of conduct concerning from, at or upon the Property in violation of any Environmental Law. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and (y) except as set forth in the environmental regulationaudit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, contamination or clean-upas of the Closing Date, including no underground storage tanks are located on the Property. As used in this Agreement, the terms "hazardous substances" and "hazardous wastes" shall have the meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the Emergency Planning regulations thereunder, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Federal Clean Water Act, as amended, and the Clean Air Actregulations thereunder, the Toxic Substance Control Actand such terms shall also include asbestos, the Safe Drinking Water Actpetroleum products, the Occupational Safety radioactive materials 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other regulated 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to Environmental Law, regulation or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderordinance.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this AgreementLandlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to Borrowerthe leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as 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, Tenant hereby agrees to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (except to the extent they arise as a result of Landlord’s Knowledgegrossly negligent acts or willful misconduct), 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 Property is not in preceding a “Hazardous Material”) 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 Legal Requirement pertaining to environmental law on, under, or imposing liability above the Premises (for purposes hereof, “environmental laws” shall mean any Federal, State, or standards of conduct concerning environmental local law, statute, regulation, contamination ordinance, guideline, or clean-upcommon law principle relating to public health or safety or the use or control of the environment, including without limitation the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance Account Act, the California Hazardous Waste Control Law, the Federal Clean Air Act, the California Air Resources Act, the Federal Clean Water Act, the California Xxxxxx-Cologne Water Quality Control Act, the Federal Resource Conservation and Recovery Act, the Emergency Planning California Xxxxxxx-Z’xxxx-Xxxxx Solid Waste Management and Community Right-to-Know Act Recovery Act, and California Health and Safety Code Section 25359.7). Tenant agrees to promptly reimburse Landlord for all of 1986Landlord’s costs arising from periodic monitoring of Tenant’s use, the handling, or storage of Hazardous Substances Transportation Actat or surrounding the Premises. Neither Tenant nor any of Tenant’s Invitees shall use, manufacture, store, or dispose of any Hazardous Materials anywhere within the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health Premises or the environment Project which are or would negatively impact could (a) be detrimental to the Project, human health, or the environment, except in accordance with all applicable laws, or (b) adversely affect the value of the Property Premises or the Project. If the Premises are contaminated (“Toxic Mold”or, due to the acts or omissions of Tenant or Tenant’s Invitees, 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 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 Premises (and/or the Project) to at least as good a condition as the Premises (or any other substances or materials which the Project) 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 in as of the Property)date of this Lease, discharged, generated, treated, disposed which Tenant shall immediately do upon receipt of or stored on, incorporated innotice from Landlord, or removed (B) proceed to cause such investigation, clean-up, and remediation work which Landlord deems necessary or transported from desirable to be undertaken, whereupon the Property other than entire cost thereof (plus a supervisory fee equal to ten percent (10%) of such cost) will be payable by Tenant to Landlord upon demand as Additional Rent. If Tenant does not promptly commence and diligently pursue such remediation, then Landlord may, at Landlord’s election, perform or cause to be performed such remediation and Tenant shall immediately, upon demand, pay the cost thereof, plus a supervisory fee in compliance with all Environmental Laws; the amount of ten percent (iv10%) no Hazardous Substances are present in, on or of such cost. Tenant’s obligations and liability under any nearby real property which could migrate to or otherwise affect this Paragraph shall survive the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property termination of Tenant’s tenancy and the Property has never been used as a landfill; 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 Lease. 525-937-A, B and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE]

Hazardous Substances. Except To the best of Manager's knowledge after due investigation except as set forth disclosed in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeEnvironmental Reports, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"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 toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to LenderProperty.

Hazardous Substances. Except To Borrower's knowledge, except as set forth disclosed in the environmental reports respecting reports, dated December 21, 2004 prepared by URS Corporation Americas (the Property obtained by "Phase I Reports") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-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 rules and regulations adopted in respect of to the foregoing laws (collectively, “"Environmental Laws”"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”") or 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s 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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting the Property obtained by report delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe “Phase I Report”): (a) the Security Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold)AMENDED AND RESTATED MORTGAGE, any local law requiring related permits and licenses and all amendments to and regulations in respect of 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”); (iib) the Security Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”); (iiic) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’s acquisition of the Security Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Security Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except To the best of Mortgagor’s knowledge, except for “Permitted Substances” (as set forth defined in the environmental reports respecting Environmental Indemnity Agreement) and except as specifically described in the Report (as defined in the Environmental Indemnity Agreement), the Mortgaged Property obtained by Lender does not contain (a) any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in, defined in connection with or listed under the making of this AgreementResource Conservation and Recovery Act, and to Borrower’s Knowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Materials Transportation Act, the Solid Waste Disposal Act, the Clean Water Toxic Substances Control Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Clean Water Act, the Occupational Safety and Health Actany applicable state or local statutes, including Mass. Gen. Law §21E or in any state super-lien and environmental clean-up regulations promulgating pursuant thereto as such statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations have been or may be amended from time to time, or in respect any other applicable Law, including without limitation those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or the list 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 laws in clauses (collectively, “Environmental Laws”); a) and (iib) 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, being herein collectively called “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the Property). Mortgagor has not received, dischargedhandled, generatedused, stored, treated, shipped or disposed of any Hazardous Substances, except for Permitted Substances. Except as specifically described in the Report, no release or stored threatened release of Hazardous Substances has occurred on, incorporated inat, under, about, in or removed or transported 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 condition, use or occupancy of the Mortgaged Property other than in compliance with all Environmental Laws; (iv) no which relates to Hazardous Substances are present in, on or under any nearby real property which could migrate Law referred to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderin this Section 1.02.

Hazardous Substances. Except To the best of Manager's knowledge after due investigation except as set forth disclosed in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeEnvironmental Reports, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos 61 containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to LenderProperty.

Hazardous Substances. Except The term "hazardous materials" as set forth used in the environmental reports respecting Lease shall mean and refer to any pollutant, contaminant, toxic or hazardous waste (including, but not limited to, asbestos, Polychlorinated Biphenyls and petroleum products) or any other substance, the Property obtained removal or remediation of which is required, or the generation, use or handling of which is restricted, prohibited, regulated or penalized by Lender in connection with an "Environmental Laws", which term shall mean any federal, state or local law, rule, regulation or ordinance relating to pollution or protection of the making of this Agreement, and to Borrower’s Knowledge, (i) the Property is not in violation of any Legal Requirement pertaining to environment or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-uphereafter enacted, including but not limited to, the Comprehensive Environmental Response, Compensation Response Compensating and Liability ActAct of 1980, the Resource Conservation and Recovery Act, Act and the Emergency Planning Superfumd Amendments and Community Right-to-Know ReauthorLzation Act of 1986, . Tenant hereby agrees that (i) the Hazardous Substances Transportation Act, Leased Premises will at all times be operated in full compliance with the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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) no activity will be conducted on the Property is not subject to Leased Premises that will generate 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, toxic mold or fungus of a type hazardous materials except for activities that may pose a risk to human health or the environment or would negatively impact the value are part of the Property ordinary course of Tenant's business activities and which are specifically described in this Lease (“Toxic Mold”) or the "Permitted Activities"), provided said activities have been approved in advance in writing by landlord and are conducted in accordance with all Environmental Laws and provided further that Tenant has fully disclosed to Landlord in writing the existence, extent and nature of any other substances or such hazardous materials which are included Tenant is legally authorized and empowered to maintain on, in or under the Leased Premises or regulated by Environmental Laws (collectivelyto use in connection therewith, “Hazardous Substances”)and provided further that Tenant has obtained and will maintain all licenses, permits and approvals required with respect thereto and is in full compliance with all the terms, conditions and requirements of such licenses, permits and approvals; (iii) no Hazardous Substances the Leased Premises will not be used in any manner for the storage of any hazardous materials except for the temporary storage of such materials in accordance with applicable law that are or have been used in the ordinary course of Tenant's business and which are described by quantities in Schedule "A" attached hereto (including the period prior to Owner’s acquisition of the Property"Permitted Materials"), discharged, generated, treated, disposed of or provided such permitted materials are properly stored on, incorporated in, or removed or transported from in a manner and location meeting all Enviromnental Laws and the Property other than same is approved in compliance with all Environmental Lawsadvance in writing by Landlord; (iv) no Hazardous Substances are present in, Tenant has not and will not mix or dispose of any hazardous materials on or under any nearby real property which could migrate to or otherwise affect within the PropertyLeased Premises; (v) no Toxic Mold is Tenant will not install any underground tanks of any type within the Leased Premises or on or about any part of the Property which requires remediationproperty; (vivi)Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance or a violation of any Environmental Law, (vii) no underground storage tanks exist on Tenant will not permit any hazardous materials to be brought or found or located, the Property same shall be immediately removed by Tenant or caused to be removed by Tenant, with proper packaging, labeling, transportation and disposal and all required cleanup and remediation procedures shall be diligently undertaken by Tenant and at Tenant's sole cost and expense pursuant to all Environmental Laws. In additiom violation of any of the Property has never been used as foregoing conditions shall be and constitute a landfilldefault under this Lease entitling Landlord to terminate this Lease. Any such termination shall not, however, relieve Tenant of its obligations to comply with the terms of this provision regarding the removal of hazardous materials or of the indemnification provided herein. In addition, if Tenant fails to comply with any of the covenants of this subparagraph, or fails to comply with any Environmental Laws, Landlord, at Tenant's sole cost and expense, may immediately commence remedial action to restore the Leased Premises to all environmentally sound condition. Tenant agrees to immediately notify Landlord of (a) any significant release of hazardous materials, or other chemicals or substances; and (viib) there have been the receipt of any pertinent notices or communications from any governmental authority. Tenant further agrees to provide Landlord with a letter of certification from time to time upon the request of Landlord and on each anniversary of this Lease, certifying that Tenant has complied with all applicable errviromnental laws and requirements and the requirements of all applicable agencies and that no contamination has occurred or exists within the Leased Premises or on the property as a result of Tenants, activities, Without in anyway limiting the obligations of the Tenant, Landlord reserves the right to enter and inspect the Leased Premises and conduct any testing, samples, borings and analysis which Landlord, in its sole discretion, may deem necessary. Tenant further covenants and agrees that it shall not cause or allow any lien to be recorded against the Leased Premises as a consequence of, or in any way related to, the presence, remediation or disposal of any hazardous materials in or relating to the Lcased Premises or the property, or related in any way to the activities of Tenant, including any mechanics,' materialmans', suppliers' laborers' liens or any state, federal or local environmental investigationsliens relating to such matters. Tenant hereby agrees to indemnify and hold harmless Landlord from and against any and all losses, studiescosts, auditsdamages, reviews claims, penalties, fines, suits, liabilities and expenses, including cleanup costs, attorney fees, consultants or experts' fees and expenses of every kind and nature incurred or suffered by or asserted against Landlord directly or indirectly as a result of or on account of (i) the location on the Leased Premises or the property of any hazardous material, the storage of which or the exposure to which is prohibited, limited or regulated by any Environmental Law or any federal, state, county, regional or local governmental unit, agency or authority for which storage or exposure, even if not so prohibited, limited or regulated, may pose a hazard to the health and safety of the occupants of the property or to that of the owners or occupants of real property adjacent hereto, or (ii) the failure by Tenant to comply with any applicable Environmental Laws; or (iii) any warranty or representation made by Tenant in this paragraph being false or untrue in any material respect. Tenant's obligation hereunder shall not be limited to any extent by the term of this Lease, and, as to any act of occurrence prior to the expiration of the term hereof, whether terminated by Landlord or other analyses conducted by expiration pursuant to the terms hereof and, as to any act or on behalf occurrence prior to the expiration of Borrower the term hereof which have not been provided gives rise to Lenderliability hereunder, shall continue, survive or remain in full force and effect notwithstanding the expiration ofthe terms hereof.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (ia) the No 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"); (iib) the no 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the such Property (“"Toxic Mold”") or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iiic) to each Borrower's actual knowledge, , no Hazardous Substances are or have been (including the period prior to Owner’s such Borrower's acquisition of the its Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the any Property other than in compliance with all Environmental Laws; (ivd) to each Borrower's actual knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the any Property; (ve) to Borrowers' actual knowledge, no Toxic Mold is on or about the any Property which requires remediation; (vif) to Borrower's knowledge, except for the Hawaii Property, no underground storage tanks exist on the any Property and the no Property has never ever been used as a landfill; and (viig) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower or which are in any Borrower's possession which have not been provided to Lender.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that. to the best of Borrower's knowledge. after due inquiry and investigation, and except as set forth disclosed in the environmental reports respecting audits of the Mortgaged Property obtained by furnished to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation Compensation, and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”); ") (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Borrower's acquisition of the Mortgaged Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) 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 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 Property has never been used as a landfill; principal balance of the sums due under the Note and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section which have not been provided relate to conditions created or arising during Borrower's ownership of the Mortgaged Property and prior to Lender's taking possession of the Mortgaged Property shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Except Borrower represents and warrants that the Collateral never has been, and never will be so long as set forth this Agreement remains a lien on the Collateral, used in violation of any Environmental Laws or for the generation, manufacture, storage, transportation, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. The representations and warranties contained herein are based on Borrower’s due diligence in investigating the Collateral for Hazardous Substances. Borrower hereby (i) releases and waives any future claims against Lender for indemnity or contribution in the environmental reports respecting event any Borrower becomes liable for cleanup or other costs under any Environmental Laws, and (ii) agree to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this provision of this Agreement. This obligation to indemnify shall survive the Property obtained by Lender in connection with payment of the making Obligations and the satisfaction of this Agreement. For purposes of this Agreement, “Environmental Law” shall mean any present or future federal, foreign, state or local law, ordinance, order, rule or regulation and to Borrower’s Knowledgeall judicial, (i) the Property is not in violation of any Legal Requirement administrative and regulatory decrees, judgments and orders, pertaining to health, industrial hygiene, the use, disposal or imposing liability or standards transportation of conduct concerning Hazardous Substances, environmental regulation, contamination or clean-up, including pertaining to the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 protection of the foregoing environment as these laws (collectivelyhave been or may be amended or supplemented, “Environmental Laws”)and any successor thereto, and any analogous foreign, state or local statutes, and the rules, regulations and orders promulgated pursuant thereto; (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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, and “Hazardous Substances”)” shall mean and include hazardous substances as defined by Environmental Law, oil of any kind, petroleum products and their by-products, including, but not limited to, sludge or residue; (iii) no Hazardous Substances are asbestos containing materials; polychlorinated biphenyls; any and all other hazardous or have been (including toxic substances; hazardous waste; medical waste; infectious waste; explosives; radioactive materials; and all other pollutants, contaminants and other substances regulated or controlled by the period prior to Owner’s acquisition of Environmental Laws and any other substance that requires special handling in its collection, storage, treatment or disposal under 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in (a) the environmental reports respecting report relating to the Property obtained by provided to or prepared for Lender in connection with the making Loan and (b) the environmental report dated February 18, 2009 relating to the Property provided to or prepared for Borrower, a copy of this Agreementwhich has been delivered to Lender (collectively, and to Borrower’s Knowledgethe “Environmental Report”), (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the actual knowledge of Borrower, no Hazardous Substances are or have been (including the period prior to Owner’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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (viiv) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to LenderBorrower.

Hazardous Substances. Except as set forth (i) disclosed on Schedule 7.1.10 hereto or in any of the environmental reports respecting furnished to Purchaser or otherwise obtained by Purchaser, or as otherwise disclosed by Seller to Purchaser in writing, or (ii) would not have a material and adverse effect on the Property obtained by Lender in connection with or the making business of this Agreement, and to Borrower’s KnowledgeSeller operated thereon, (ia) Seller's operation and management of the Property and, to the best of Seller's knowledge, the Property is not in violation of any Legal Requirement Environmental Law (as hereinafter defined) or subject to any pending or, to the best of Seller's knowledge, threatened litigation or inquiry by any governmental authority or to any remedial action or obligations under any Environmental Law; (b) no underground storage tanks have been located on the Property by Seller during their period of ownership and Seller is not otherwise aware of any underground storage tanks having been located at the Property; (c) Seller has not used the Property and, to the best of Seller's knowledge, no other party has used the Property, for the storage, treatment or disposal of hazardous waste, hazardous material, chemical waste, or other toxic substance except in accordance with Environmental Law, and (d) no hazardous substances or toxic wastes have been disposed of or located upon the Property by Seller, and, to the best of Seller's knowledge, by any other party, in violation of applicable Environmental Law (including, without limitation, asbestos and PCBs. As used herein, the term "Environmental Law" means any law, statute, ordinance, rule, regulation, order or determination of any governmental authority or agency affecting the Property and pertaining to health or imposing liability or standards of conduct concerning environmental regulationthe environment including, contamination or clean-upbut not limited to, including the Comprehensive Environmental Response, Compensation and Liability Act, Act of 1982 and the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986. Prior to Closing, Seller agrees to promptly notify Purchaser of any fact of which Seller acquires actual knowledge which would cause this representation to become false and of any written notice that Seller receives regarding the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 matters set forth 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderthis SECTION 7.1.10.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting report dated November 25, 1997, prepared by Certified Environmental Inc. (the Property obtained by Lender "PHASE I REPORT") and delivered to Mortgagee in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the 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 (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) 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 case 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 in this paragraph, the Mortgagor may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Tenant hereby covenants and agrees that Tenant shall not cause or knowingly permit any "Hazardous Substances" (as set forth hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the 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 CERCLA (as hereinafter defined), 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 Substances. For purposes of this paragraph, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the environmental reports respecting list of Hazardous Substances adopted by the Property obtained United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Lender in connection with Congress or the making of this AgreementEPA which are defined as hazardous, and to Borrower’s Knowledgetoxic, (i) the Property is not in violation of pollutant, infectious or radioactive by any Legal Requirement pertaining other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning environmental regulationconcerning, contamination any hazardous, toxic or clean-updangerous 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 direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act["CERCLA"], any so-called federal, state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing "Superfund" or "Superlien" 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”Law); (iii) no Hazardous Substances are or have been (including provided, however, that the period prior foregoing indemnity is limited to Owner’s acquisition matters arising solely from Tenant's violation of the Property), discharged, generated, treated, disposed covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration 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 or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease. SEE SPECIAL STIPULATION 12.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that except as set forth in the environmental reports respecting report delivered to Mortgagee on the Property obtained by Lender Closing Date in connection with the making closing of this Agreement, and the Loan: (a) except where the failure to Borrower’s Knowledge, (i) comply is not reasonably likely to cause a Material Adverse Change the Mortgaged Property is not in violation of any Legal Requirement full compliance with all local, state, federal and other governmental authority statutes, ordinances, codes, orders, decrees, laws, rules and regulations pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including including, without limitation, the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, the Resource Conservation and Recovery ActAct of 1976, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses and all amendments to regulations, orders and regulations guidelines adopted in respect of the foregoing laws laws, whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants, including, without limitation, asbestos or the environment any substance or would negatively impact the value of the Property (“Toxic Mold”) material containing asbestos, 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 or welfare of humans (collectively, “Hazardous Substances”"HAZARDOUS SUBSTANCES"); (iiic) to the best knowledge of Mortgagor no Hazardous Substances are or have been (including including, the period prior to Owner’s 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; (ivd) 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 (ve) no Toxic Mold is on or about to the Property which requires remediation; (vi) 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 and to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property has never been used as 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 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 landfillthreat to the health, safety or welfare of humans; and (viiiv) there have been no environmental investigationsshall remove such Hazardous Substances and/or cure such violations and/or remove such threats, studiesas applicable, audits, reviews as required by law (or other analyses conducted as shall be required by or on behalf Mortgagee in the case of Borrower removal which have not been provided to Lender.is not

Hazardous Substances. Schedule 4.05 attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in General Partner's possession and control (the "Environmental Reports"), and General Partner has delivered a true and correct copy of each such report to Buyer. Except as set forth otherwise disclosed in the environmental reports respecting 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 obtained by Lender during the period of the Partnership's ownership except in connection accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the making Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither General Partner nor the Partnership has received any notice of this Agreementany violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and to Borrower’s Knowledge(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 Property is not in violation of environment, including, without limitation, any Legal Requirement pertaining 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 or imposing liability or standards of conduct concerning environmental regulationtime), contamination or clean-upthe Environmental Laws, including and (ii) "Environmental Laws" shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, the Resource Conservation Superfund Amendments and Recovery Act, the Emergency Planning and Community Right-to-Know Reauthorization Act of 1986, the Hazardous Substances Transportation Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substance Substances Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, General Partner has disclosed to Buyer that the Partnership may store and environmental clean-up statutes (including with respect to Toxic Mold)use on the Real Property reasonable quantities of gasoline, any local law requiring related permits oil, swimming pool chemicals, pesticides, herbicides and licenses cleaning products for use in the operation and all amendments to and regulations in respect maintenance 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 Real 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except To the best of each of Owner's and Borrower's knowledge after due inquiry, except as set forth disclosed in the written environmental reports respecting delivered to Lender prior to the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, date hereof. (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)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 toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s the acquisition of the Property)Collateral Property by Owner, discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported 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 the 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; (v) no Toxic Mold is on or about the Property which requires remediation; and (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there Collateral Property. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Owner or Borrower which have not been provided to Lender.

Hazardous Substances. Except Grantor hereby represents and warrants to Beneficiary that, to the best of Grantor's knowledge, after due inquiry and investigation, except as set forth in the environmental reports respecting Phase I Environmental Site Assessment (EBI Project #11063582) dated August 4, 2006 prepared by EBI Consulting (the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, "Phase I"): (ia) the Property is not in direct or indirect violation of any Legal Requirement local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws Laws, including, without limitation, Asbestos (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Grantor's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) no underground storage tanks exist on any of the Property. So long as Grantor owns or is in possession of the Property, Grantor shall keep or cause the 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 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews conveyance in lieu of foreclosure for acts or events occurring or obligations arising prior to foreclosure or other analyses conducted by or on behalf transfer of Borrower which have not been provided to Lendertitle from Grantor.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting the Property obtained by report delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe “Phase I Report”): (a) the Security Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”); (iib) the Security Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”); (iiic) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’s acquisition of the Security Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Security Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as set forth disclosed in the environmental reports respecting report, dated May 23, 2003 prepared by Certified Environments, Inc. (the Property obtained by "PHASE I REPORT") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loans: (ia) the Trust Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, 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 and maintenance of the Trust 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Tenant hereby covenants and agrees that Tenant shall not cause or knowingly permit any “Hazardous Substances” (as set forth hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the 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 CERCLA (as hereinafter defined), 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 Substances. For purposes of this paragraph, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the environmental reports respecting list of Hazardous Substances adopted by the Property obtained United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Lender in connection with Congress or the making of this AgreementEPA which are defined as hazardous, and to Borrower’s Knowledgetoxic, (i) the Property is not in violation of pollutant, infectious or radioactive by any Legal Requirement pertaining other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning environmental regulationconcerning, contamination any hazardous, toxic or clean-updangerous 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 direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act[“CERCLA”], any so–called federal, state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing “Superfund” or “Superlien” 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”Law); (iii) no Hazardous Substances are or have been (including provided, however, that the period prior foregoing indemnity is limited to Ownermatters arising solely from Tenant’s acquisition violation of the Property), discharged, generated, treated, disposed covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration 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 or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease. See Special Stipulation 12.

Hazardous Substances. Except as set forth in The following terms shall have the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreementfollowing definitions: (1) "Environmental Laws" means all federal, and to Borrower’s Knowledgestate, (i) the Property is not in violation local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any Legal Requirement pertaining to government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the PROPERTY), occupational or environmental regulationconditions on, contamination under, or clean-upabout the PROPERTY, currently in effect; and (2) "Hazardous Substances" means, without limitation, those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" under any Environmental Law; and other substances, materials, and wastes that are regulated or classified as hazardous or toxic under federal, state, or local laws or regulations, including the Comprehensive Environmental Responsepetroleum hydrocarbons and asbestos. SELLER represents that, Compensation to its knowledge, and Liability Actwithout any duty of inquiry: Except as may be disclosed in any environmental report delivered to SELLER to COUNTY hereunder, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the PROPERTY does not contain Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, in violation of 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) SELLER has received no written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the PROPERTY are in violation of any Environmental Law, or informing SELLER that the PROPERTY is subject to investigation or inquiry regarding Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and PROPERTY or the Property has never been used as a landfillviolation of any Environmental Law; and (vii) there have been no SELLER has delivered to COUNTY copies of all environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderreports in its possession regarding the PROPERTY.

Hazardous Substances. Except as set forth froth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, Environmental Reports listed on Schedule 4.19 attached hereto and to Borrower’s Knowledge, made a part hereof: (i) the Property is not to the knowledge of Borrower 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, Legal Requirements relating to Toxic Mold, and any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“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 period prior to OwnerBorrower’s acquisition of the 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 Borrower’s knowledge, without any obligation to enter upon and 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 Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property to Borrower’s knowledge, has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) the 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-–to-–Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-–lien and environmental clean-–up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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 or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“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 by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances”); (iii) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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 best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to (a) To Borrower’s Knowledgeknowledge and other than as disclosed in writing to Lender, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”); . (iib) To Borrower’s knowledge and other than as disclosed in writing to Lender, 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, toxic mold or fungus - 17 - of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); . (iiic) To Borrower’s knowledge and other than as disclosed in writing to Lender, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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; . (ivd) To Borrower’s knowledge and other than as disclosed in writing to Lender, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; . (ve) To Borrower’s knowledge and other than as disclosed in writing to Lender, no Toxic Mold is on or about the Property which requires remediation; . (vif) To Borrower’s knowledge and other than as disclosed in writing to Lender, no underground storage tanks exist on the Property and the Property has never been used as a landfill; and . (viig) there There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower or any Guarantor and within Borrower’s or any Guarantor’s possession which have not been provided to Lender.. 3.12

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 OwnerBorrower’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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.. 32

Hazardous Substances. Except To Borrowers’ knowledge, except as set forth disclosed in the environmental reports respecting reports, dated June 1, 2004 prepared by ACC Environmental Consultants, Inc. (the Property obtained by "Phase I Reports") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”") or 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrowers’ 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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrowers and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrowers, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge after due inquiry and investigation, except as set forth disclosed in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Environmental Reports: (ia) the Mortgaged Property is not in direct or indirect material violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Borrower's acquisition of the Mortgaged Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) 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 applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Borrower shall have the right to contest any Environmental Law (as such term is defined in the Environmental Agreement) as provided in the Environmental Agreement, subject to any and all conditions to the exercise of such right contained therein. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer 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 Property has never been used as a landfill; principal balance of the sums due under the Note and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf 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. Notwithstanding anything herein to the contrary, Borrower shall have no liability under this Section with respect to: (i) any acts or omissions which have not been provided occur from and after the conveyance of the Mortgaged Property to Lender, or its designee, by foreclosure, deed in lieu of foreclosure or similar transaction, or the discharge, by satisfaction or assignment of the Mortgage; or (ii) any matters which arise by reason of the acts or omissions of Lender or any of successors, assigns or designees.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as set forth disclosed in the environmental reports respecting report, dated March 7, 2003, prepared by Certified Environments, Inc. (the Property obtained by "PHASE I REPORT") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Trust Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”); "HAZARDOUS SUBSTANCES"): (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("LEADER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, 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 and maintenance of the Trust 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except To Borrower’s knowledge, except as may otherwise be set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeEnvironmental Report, (i) the Property is not in violation in any material respect of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien nor has Borrower or Operating Tenant received written notice of a judicial or administrative notice or action or or, to Borrower’s knowledge, inquiry, investigation or claim relating to hazardous, hazardous or toxic and/or dangerous substances, or toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property which requires remediation pursuant to applicable law (“Toxic Mold”) or any other substances or materials which are included defined as hazardous or toxic under or regulated by Environmental Laws (collectively, “Hazardous Substances”; provided, however, that Hazardous Substances shall not include de minimis quantities of such substances commonly used in the ordinary course of business of, or day-to-day operation and maintenance of the Property by, Borrower, Operating Tenant, Manager, any guest or any tenant at the Property ); (iii) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance in all material respects with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which could are reasonably likely to migrate on to or otherwise affect from the PropertyProperty and require remediation by Borrower or Operating Tenant pursuant to applicable law; (v) no Toxic Mold is on or about the Property which requires remediationremediation pursuant to applicable law; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no written environmental investigations, studies, audits, reviews or other similar analyses conducted by or on behalf of Borrower or Operating Tenant which have not been provided to Lender.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that, except as set forth in the environmental reports respecting the Property obtained Phase I Environmental I Site Assessment dated June 26, 1997, prepared by Lender in connection with the making of this AgreementSCS Engineering, and to Borrower’s Knowledge, Inc.: (ia) the Property is not in direct or indirect violation of any Legal Requirement local, state, federal or other applicable governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"ENVIRONMENTAL LAWS"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws Laws, including, without limitation, Asbestos (collectively, “Hazardous Substances”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Mortgagor's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) no underground storage tanks exist on any of the Property. So long as Mortgagor owns or is in possession of the Property, Mortgagor shall keep or cause the 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 Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws, including, without limitation, chlorinators, pesticides, fertilizers, de-icers, cleaning supplies and other Hazardous Substances used by Mortgagor or its agents in the operation of the Property) and in compliance with all Environmental Laws, shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on the Property and/or if Mortgagor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Mortgagor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Mortgagor becomes aware of such Hazardous Substances or such violations, at Mortgagor's sole expense. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. Upon Mortgagee's request, at any time and from time to time while this Mortgage is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Mortgagee's election but at Mortgagee's expense), Mortgagor shall provide at Mortgagor's sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Mortgagee indicating the presence or absence of Hazardous Substances on the Property. If Mortgagor fails to provide such inspection or audit within thirty (30) days after such request, Mortgagee may order such inspection or audit, and Mortgagor hereby grants to Mortgagee and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Mortgagor and added to the principal balance of the sums due under the Note and this Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Mortgagor under this Section shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies thereunder including, without limitation, the acquisition of the Property has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, disclosed on Exhibit B annexed hereto: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 (including with and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Mortgagor's acquisition of the Mortgaged Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Mortgaged Property. So long as Mortgagor owns any interest in 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 Mortgagor in the case 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 in this paragraph, Mortgagor and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. 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 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except as for matters set forth in the environmental reports respecting the Property obtained by furnished to Lender in connection with the making Loan, Borrower hereby represents and warrants to Lender that, to the best of this Agreement, and to Borrower’s Knowledge, 's knowledge: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state State or Territory super-lien and and/or 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”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Borrower's acquisition of the Mortgaged Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) 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 existing conditions at the Mortgaged Property which, as and when remediated by Borrower, are to be remediated in accordance with Lender-approved plans and specifications, and de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the 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 Property has never been used as a landfill; principal balance of the sums due under the Note and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower which have not been provided to Lenderunder 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. Except as set forth expressly disclosed in the environmental reports respecting the Property obtained by provided to Lender in connection with the making closing of this Agreement, and to Borrower’s Knowledge, the Loan: (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“including Toxic Mold”) , or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances Substances, other than substances of kinds and in amounts ordinarily and customarily used or stored in similar properties for the purposes of cleaning or other maintenance or operations by tenants in the ordinary course of each such tenant’s business in compliance with all Environmental Laws, are or have been (including the period prior to OwnerBorrower’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 best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in Mortgagor covenants, warrants and represents to the environmental reports respecting the Property obtained by Lender in connection with the making of this AgreementMortgagee, its successors and to Borrower’s Knowledgeassigns, (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 Property is not 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 violation writing, for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any Legal Requirement pertaining to dangerous, toxic or imposing liability hazardous pollutants, chemical wastes or standards of conduct concerning environmental regulation, contamination or clean-up, including substances as defined in the Federal Comprehensive Environmental Response, Response Compensation and Liability ActAct of 1980 (“CERCLA”), or the Federal Resource Conservation and Recovery Act of 1976 (“FRCRA”), or the Minnesota Environmental Response Liability Act, the Emergency Planning and Community Right-to-Know Act of 1986Minnesota Statutes, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes Chapter 115A (including with respect to Toxic Mold“XXXXX”), or any other federal, state or local law requiring related permits environmental laws, statutes, regulations, requirements and licenses and all amendments to and regulations in respect of the foregoing laws ordinances (collectively, “Environmental LawsHazardous Materials”); (ii) that there have been no investigations or reports citing the Property is not subject Mortgagor or its operations as violating the foregoing by any governmental authority which in any way pertain 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”)Materials; (iii) no that to the best of Mortgagor’s knowledge, the Mortgaged Property is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Substances are 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 Mortgagor’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 (including 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 period Mortgaged Property which the so-called “Phase I” environmental report discloses exist, or which is otherwise disclosed to exist. In addition to the foregoing, 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 in, about, or under the Mortgaged Property unless (i) the Mortgagor has obtained the prior to Owner’s acquisition consent of the Property)Mortgagee for such installation and maintenance, discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from and (ii) the Property other than Mortgagor installs and maintains each such storage tank in compliance with all Environmental Laws; (iv) no Hazardous Substances applicable Federal, State and local laws, including the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 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 Mortgagee which is a result of a breach, misstatement of or misrepresentation of the above covenants, representations and warranties, together with all reasonable attorneys’ fees incurred in connection with the defense of any action against the Mortgagee arising out of the above. These covenants, representations and warranties are present infor the benefit of the Mortgagee, on and any successor or under any nearby real property which could migrate assign of the Mortgagee, and shall be deemed to or otherwise affect survive termination of the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.Mortgage. ARTICLE FOUR

Hazardous Substances. Except To the best of Borrower’s knowledge as of the date hereof, and except as otherwise set forth and disclosed in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeEnvironmental Report, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfillProperty; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeEnvironmental Reports, (i) the to each Borrower’s knowledge, no 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 to each Borrower’s knowledge, no 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the such Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to each Borrower’s knowledge, no Hazardous Substances are or have been (including the period prior to Ownerany Borrower’s acquisition of the any Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the such Property other than in compliance with all Environmental Laws; (iv) no Hazardous Substances are present into each Borrower’s knowledge, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the any Property which requires remediation; and (viv) no underground storage tanks exist on the any Property and the and, to each Borrower’s knowledge, no Property has never ever 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 Borrower which have not been provided to Lender.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender, except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this AgreementEnvironmental Reports listed on SCHEDULE 7 attached hereto, and to Borrower’s Knowledge, that: (ia) the Property is Properties are not in direct or indirect violation of any Legal Requirement local, state, federal or other applicable governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including statutes, including, but not limited to, those specific state and local statutes, regulations and ordinances set forth in each Mortgage 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 applicable Property (collectively, “"Environmental Laws”"); (iib) the Property is Properties are not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated substances, toxic mold solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws Laws, including, without limitation, Asbestos (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including been, to the period best of Borrower's knowledge, prior to Owner’s Borrower's acquisition of the Property)Properties, discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Property Properties other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) no underground storage tanks exist on any of the Properties. So long as Borrower owns or is in possession of the Properties, Borrower shall keep or cause the Properties 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 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 any of the Properties (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and/or if Borrower shall become aware that any of the Properties 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 any Mortgage is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of each of the Properties prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Properties. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the each of the Properties 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 this Agreement, the Note and the Property has never been used as a landfill; Mortgages and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower which have not been provided to Lenderunder this Section shall survive any termination, satisfaction, or assignment of any of the Mortgages and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of any of the Properties by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting report dated December 20, 1996, prepared by Certified Environmental Inc. (the Property obtained by Lender "Phase I Report") and delivered to Mortgagee in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Mortgagor's acquisition of the Mortgaged Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this paragraph, the Mortgagor and the tenants under the Leases may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property has never been used if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as a landfill; such use and storage (A) does not violate any applicable Environmental Laws and (viiB) there have been no environmental investigationsis 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, studiessatisfaction, auditsor assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, reviews including, without limitation, the acquisition of the Mortgaged Property by foreclosure or other analyses conducted by or on behalf a conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except 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 set forth 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 Claims (as defined below) and all costs, expenses, and attorneys’ fees incurred in the environmental reports respecting the Property obtained by Lender in connection with the making defense of any such Environmental Claims or any action or proceeding brought on any of such Environmental Claims. For purposes of this AgreementParagraph, “Environmental Claims” shall mean all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (except to Borrowerthe extent they arise as a result of Sublessor’s Knowledgegrossly 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 Property is not in violation preceding a “Hazardous Material”) into ambient air, water, or land from, on, under, or above the Premises, (ii) relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials from, on, or under, the Premises, or (iii) under any Legal Requirement pertaining to environmental law (which shall mean any federal, state or imposing liability or standards of conduct concerning environmental local law, statute, regulation, contamination ordinance, guideline, or clean-upcommon law principle relating to public health or safety or the use or control of the environment, including without limitation the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance Account Act, the California Hazardous Waste Control Law, the Federal Clean Air Act, the California Air Resources Act, the Federal Clean Water Act, the California Xxxxxx-Cologne Water Quality Control Act, the Federal Resource Conservation and Recovery Act, the Emergency Planning California Xxxxxxx-Z’xxxx-Xxxxx Solid Waste Management and Community Right-to-Know Act Recovery Act, and California Health and Safety Code Section 25359.7) and relating to the Premises, from the beginning of 1986the 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, the handling, or storage of Hazardous Substances Transportation Actat 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 Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health Premises or the environment Project which are or would negatively impact could (a) be detrimental to the Project, human health, or the environment, except in accordance with all applicable laws, or (b) adversely affect the value of the Property Premises or the Project. If the Premises are contaminated (“Toxic Mold”or, due to the acts or omissions of Subtenant or Subtenant’s Invitees, 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 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 Premises (and/or the Project) to at least as good a condition as the Premises (or any other substances or materials which the Project) 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 in as of the Property)date of this Sublease, discharged, generated, treated, disposed which Subtenant shall immediately do upon receipt of or stored on, incorporated innotice from Sublessor, or removed (B) proceed to cause such investigation, clean-up, and remediation work which Sublessor deems necessary or transported from desirable to be undertaken, whereupon the Property other than entire cost thereof (plus a supervisory fee equal to ten percent (10%) of such cost) will be payable by Subtenant to Sublessor upon demand as Additional Rent. If Subtenant does not promptly commence and diligently pursue such remediation, then Sublessor may, at Sublessor’s election, perform or cause to be performed such remediation and Subtenant shall immediately, upon demand, pay the cost thereof, plus a supervisory fee in compliance with all Environmental Laws; the amount of ten percent (iv10%) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lendersuch cost.

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting Environmental Report (as defined in the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Environmental Indemnity) (i) the no Borrowing Base 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim Regulatory Actions (as defined in the Environmental Indemnity) relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the any Borrowing Base Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the best of each Borrower's knowledge, after due inquiry no Hazardous Substances are prior or have been current owner, tenant, subtenant, occupant or operator of any Borrowing Base Property has engaged in any Environmental Activity (including as defined in the period prior to Owner’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 Indemnity) which violates any 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 any Borrowing Base Property; (v) to the best of each Borrower's knowledge, after due inquiry, no Toxic Mold is on or about the any Borrowing Base Property which requires remediation; (vi) to the best of each Borrower's knowledge after due inquiry, no Tanks (as defined in the Environmental Indemnity) no underground storage tanks exist on the any Borrowing Base Property and the no Borrowing Base Property has never ever been used as a landfill; and (vii) there have been no environmental or engineering investigations, studies, audits, tests reviews or other analyses conducted by are in the possession of any Credit Party or on behalf of Borrower which their respective Affiliates in relation to the Property that have not been provided previously delivered to LenderAdministrative Agent; and (viii) each Borrower has delivered to Administrative Agent a true, complete and correct copy of the Environmental Report with respect to each Borrowing Base Property.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as set forth disclosed in the environmental reports respecting report, dated March 7, 2003, prepared by Certified Environments, Inc. (the Property obtained by "PHASE I REPORT") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Trust Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, 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 and maintenance of the Trust 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except as set forth in To the environmental reports respecting the Property obtained by Lender in connection with the making knowledge of this AgreementOne Winthrop, and except as otherwise disclosed to Borrower’s KnowledgeOne Winthrop or the Partnership in written reports from the Local 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 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) none of the 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 Property is not in violation of environment, including, without limitation, any Legal Requirement pertaining 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 or imposing liability or standards of conduct concerning environmental regulationtime), contamination or clean-upthe Environmental Laws, including and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, the Resource Conservation Superfund Amendments and Recovery Act, the Emergency Planning and Community Right-to-Know Reauthorization Act of 1986, the Hazardous Substances Transportation Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substance Substances 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)or local statute, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectivelyregulation, “Environmental Laws”); (ii) the Property is not subject to any private ordinance, order or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim decree relating to hazardoushealth, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health safety or the 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderenvironment.

Hazardous Substances. Except To Borrower’s knowledge, except as set forth disclosed in the environmental reports respecting the Property obtained by identified on Schedule 2 attached hereto and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe “Environmental Reports”): (a) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws (collectively, “Environmental Laws”); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”) or 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”); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower, Senior Mezzanine Loan Borrower, Owner and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, Senior Mezzanine Loan Borrower, Owner, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except Grantor hereby represents and warrants to Beneficiary that, to the best of Grantor's knowledge, after due inquiry and investigation, except as set forth in the environmental reports respecting Phase I Environmental Site Assessment dated April ___, 2007 prepared by _____ (the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, "Phase I"): (ia) the Property is not in direct or indirect violation of any Legal Requirement local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986as amended, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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 [APPLICABLE STATE LAWS AND REGULATIONS] (collectively, “"Environmental Laws”"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”, solvents, wastes, materials, pollutants or contaminants, petroleum, tremolite, anthophyllite or actinolite or polychlorinated biphenyls (including, without limitation, any raw materials which include hazardous constituents) or and any other substances substances, materials or materials solvents which are included under or regulated by Environmental Laws Laws, including, without limitation, Asbestos (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period been, prior to Owner’s Grantor's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) no underground storage tanks exist on any of the Property. So long as Grantor owns or is in possession of the Property, Grantor shall keep or cause the 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 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 (including, but not limited to, all remedial requirements applicable pursuant to [APPLICABLE STATE LAWS AND REGULATIONS] to the extent required by the [STATE] Commission on Environmental Quality), 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews conveyance in lieu of foreclosure for acts or events occurring or obligations arising prior to foreclosure or other analyses conducted by or on behalf transfer of Borrower which have not been provided to Lendertitle from Grantor.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, except as set forth in the Phase I Environmental Site Assessment dated March 18, 2004 prepared by EMG, as reviewed and approved by XxXxxxxxx & XxXxxxxxx LLP on March 19, 2004 (the “Phase I”) and any other environmental reports respecting the Property obtained by of which Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, has received a written copy: (ia) the Property is not in direct or indirect violation of any Legal Requirement local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, the Emergency Planning as amended, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated substances, toxic mold Toxic Mold (as defined in the Environmental Agreement), solvents, wastes, materials, pollutants or fungus of a type that may pose a risk to human health contaminants, petroleum, tremolite, anthlophylie or the environment actinolite or would negatively impact the value of the Property polychlorinated biphenyls (“Toxic Mold”including, without limitation, any raw materials which include hazardous constituents) or and any other substances (including, without limitation, lead-based paint), materials or materials solvents which are included under or regulated by Environmental Laws Laws, including, without limitation, Asbestos (collectively, “Hazardous Substances”); (iiic) no Hazardous Substances are or have been (including the period been, prior to OwnerBorrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, in or removed or transported from the Property other than in compliance with all Environmental Laws; and (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vid) no underground storage tanks exist on any of the Property. So long as Borrower owns or is in possession of the Property, Borrower shall keep or cause the 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 Property as a hotel or motel and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Property and/or if Borrower shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower’s sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender’s request, at any time and from time to time while this Deed is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender’s election but at Lender’s expense), Borrower shall provide at Borrower’s sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Property. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and this Deed and shall bear interest thereafter until paid at the Default Rate, subject to the terms and conditions set forth in Section 63 of this Deed. The obligations and liabilities of Borrower under this Section shall survive any termination, satisfaction, or assignment of this Deed and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, the acquisition of the Property has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except Tenant hereby covenants and agrees that Tenant shall not cause or permit any "Hazardous Substances" (as set forth hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the 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 CERCLA (as hereinafter defined), 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 Substances. For purposes of this Article 43, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the environmental reports respecting list of Hazardous Substances adopted by the Property obtained United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Lender in connection with Congress or the making of this AgreementEPA or which are defined as hazardous, and to Borrower’s Knowledgetoxic, (i) the Property is not in violation of pollutant, infectious or radioactive by any Legal Requirement pertaining other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning environmental regulationconcerning, contamination any hazardous, toxic or clean-updangerous 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 direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act["CERCLA"], any so-called federal, state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing "Superfund" or "Superlien" 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”Law); (iii) no Hazardous Substances are or have been (including provided, however, that the period prior foregoing indemnity is limited to Owner’s acquisition matters arising solely from Tenant's violation of the Property), discharged, generated, treated, disposed covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration 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 or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease.

Hazardous Substances. Except To Borrower’s knowledge, except as set forth disclosed in the environmental reports respecting reports, dated March 28, 2006, prepared by URS Corporation (the Property obtained by “Phase I Reports”) and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws (collectively, “Environmental Laws”); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”) or 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”); (iiic) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except as set forth otherwise disclosed in the those certain phase I environmental reports respecting the Property obtained by delivered to Lender in connection with the making closing of this Agreementthe Loan (collectively, and to Borrower’s Knowledgethe “Environmental Reports”), (i) to the knowledge of Borrower and Operating Lessee, 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-–to-–Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-–lien and environmental clean-–up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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 or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“including, without limitation, Toxic Mold”) , or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) to the knowledge of Borrower and Operating Lessee after due inquiry, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’s acquisition of the Property), discharged, released, 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 knowledge of Borrower and Operating Lessee after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about to the Property which requires remediation; (vi) knowledge of Borrower and Operating Lessee, no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower or Operating Lessee which have not been provided to Lender.

Hazardous Substances. Except (a) Tenant hereby covenants and agrees that -------------------- Tenant shall not cause or permit any Hazardous Substances to be generated, placed, held, stored, used, located or disposed of at the Project or any part thereof, except for Hazardous Substances as set forth are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the 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 CERCLA (as hereinafter defined), 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 Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. For purposes of this Article 43, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the environmental reports respecting list of Hazardous Substances adopted by the Property obtained United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Lender in connection with Congress or the making of this AgreementEPA or which are defined as hazardous, and to Borrower’s Knowledgetoxic, (i) the Property is not in violation of pollutant, infectious or radioactive by any Legal Requirement pertaining other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning environmental regulationconcerning, contamination any hazardous, toxic or clean-updangerous 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 direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act["CERCLA"], any so-called federal, state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing "Superfund" or "Superlien" 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”Law); (iii) no Hazardous Substances are or have been (including provided, however, that the period prior foregoing indemnity is limited to Owner’s acquisition matters arising solely from Tenant's violation of the Property), discharged, generated, treated, disposed covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration 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 or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf termination of Borrower which have not been provided to Lenderthis Lease.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that except as set forth in the environmental reports respecting report delivered to Mortgagee on the Property obtained by Lender Closing Date in connection with the making closing of this Agreement, and the Loan: (a) except where the failure to Borrower’s Knowledge, (i) comply is not reasonably likely to cause a Material Adverse Change the Mortgaged Property is not in violation of any Legal Requirement full compliance with all local, state, federal and other governmental authority statutes, ordinances, codes, orders, decrees, laws, rules and regulations pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including including, without limitation, the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, the Resource Conservation and Recovery ActAct of 1976, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses and all amendments to regulations, orders and regulations guidelines adopted in respect of the foregoing laws laws, whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants, including, without limitation, asbestos or the environment any substance or would negatively impact the value of the Property (“Toxic Mold”) material containing asbestos, 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 or welfare of humans (collectively, “Hazardous Substances”"HAZARDOUS SUBSTANCES"); (iiic) to the best knowledge of Mortgagor no Hazardous Substances are or have been (including including, the period prior to Owner’s 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; (ivd) 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 (ve) no Toxic Mold is on or about to the Property which requires remediation; (vi) 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 and to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property has never been used as a landfillto be kept in compliance with all Environmental Laws; and (viiiii) there have been no environmental investigations, studies, audits, reviews shall promptly notify Mortgagee in writing if Mortgagor shall become aware of any Hazardous Substances on or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.near the Mortgaged Property and/or if Mortgagor shall

Hazardous Substances. Except as set forth in Mortgagor covenants, warrants and represents to the environmental reports respecting the Property obtained by Lender in connection with the making of this AgreementMortgagee, its successors and to Borrower’s Knowledgeassigns, (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 Property is not 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 violation writing, for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any Legal Requirement pertaining to dangerous, toxic or imposing liability hazardous pollutants, chemical wastes or standards of conduct concerning environmental regulation, contamination or clean-up, including substances as defined in the Federal Comprehensive Environmental Response, Response Compensation and Liability ActAct of 1980 (“CERCLA”), or the Federal Resource Conservation and Recovery Act of 1976 (“FRCRA”), or the Minnesota Environmental Response Liability Act, the Emergency Planning and Community Right-to-Know Act of 1986Minnesota Statutes, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes Chapter 115A (including with respect to Toxic Mold“XXXXX”), or any other federal, state or local law requiring related permits environmental laws, statutes, regulations, requirements and licenses and all amendments to and regulations in respect of the foregoing laws ordinances (collectively, “Environmental LawsHazardous Materials”); (ii) that there have been no investigations or reports citing the Property is not subject Mortgagor or its operations as violating the foregoing by any governmental authority which in any way pertain 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”)Materials; (iii) no that to the best of Mortgagor’s knowledge, the Mortgaged Property is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Substances are 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 (including 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 period Mortgaged Property which the so-called “Phase I” environmental report discloses exist, or which is otherwise disclosed to exist. In addition to the foregoing, 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 in, about, or under the Mortgaged Property unless (i) the Mortgagor has obtained the prior to Owner’s acquisition consent of the Property)Mortgagee for such installation and maintenance, discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from and (ii) the Property other than Mortgagor installs and maintains each such storage tank in compliance with all Environmental Laws; (iv) no Hazardous Substances applicable Federal, State and local laws, including the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 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 Mortgagee which is a result of a breach, misstatement of or misrepresentation of the above covenants, representations and warranties, together with all reasonable attorneys’ fees incurred in connection with the defense of any action against the Mortgagee arising out of the above. These covenants, representations and warranties are present infor the benefit of the Mortgagee, on and any successor or under any nearby real property which could migrate assign of the Mortgagee, and shall be deemed to or otherwise affect survive termination of the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.Mortgage. ARTICLE FOUR

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting the Property obtained by -------------------- provided to Lender in connection with the making origination of this Agreement, and to Borrower’s Knowledgethe Loan, (i) the no 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “"Environmental Laws”Laws "); (ii) the no 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”Substances "provided, however that Hazardous Substances shall not include de minimus quantities of such substances commonly used in the day-to-day operation and maintenance by Borrower or any tenant of the 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 Owner’s Borrower's acquisition of the PropertyProperties), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the 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 the any Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the any Property and the no Property has never ever been used as a landfill; and (viivi) 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 not been provided to Lender.

Hazardous Substances. Except To Borrower's knowledge, except as set forth disclosed in the environmental reports respecting reporx, xxxxx Xxxxst 18, 2003 prepared by Certified Environments, Inc. (the Property obtained by "PHASE I REPORT") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”"TOXIC MOLD") or 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s 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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except as set forth disclosed in the environmental reports respecting the Property obtained by assessment report delivered to Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeLoan, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”"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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”"HAZARDOUS SUBSTANCES"); (iii) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to Owner’s such 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 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there . There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower which have not been provided to Lender.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as set forth disclosed in the environmental reports respecting report, dated May 23, 2003 prepared by Certified Environments, Inc. (the Property obtained by "PHASE I REPORT") and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loans: (ia) the Trust Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"HAZARDOUS SUBSTANCES"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case 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 in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, 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 and maintenance of the Trust 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except To the best of Borrower's knowledge -------------------- and except as set forth in the environmental reports respecting the Property obtained by delivered to Lender in connection with the making closing of this Agreement, and to Borrower’s Knowledgethe Loan, (i) the no 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”"ENVIRONMENTAL LAWS"); (ii) the no 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 toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s the applicable Borrower's acquisition of the any Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the 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 or otherwise affect the any Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderany Property.

Hazardous Substances. Except Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge and except as set forth disclosed in the environmental reports respecting the Property obtained that certain Phase I Environmental Site Assessment dated April 12, 2004 prepared by Lender National Assessment Corporation and previously delivered to Mortgagee in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe "Environmental Report"): (a) the Mortgaged Property is not in violation of any Legal Requirement local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, permits, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all regulations adopted in 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”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation investigation, claim or threatened claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or wastes, materials, raw materials which are included under include hazardous constituents, pollutants or regulated by Environmental Laws (collectivelycontaminants including without limitation, “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Owner’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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.petroleum,

Hazardous Substances. Except as set forth in the otherwise disclosed by that certain Phase I environmental reports respecting the Property obtained report (or Phase II environmental report, if required) delivered to lender by Lender Borrower in connection with the making origination of this Agreement, and to Borrower’s Knowledge, the Loan (i) the 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 Liability Act, the Resource Conservation and Recovery Act, the Transfer Act, the Emergency Planning and Community Right-–to-–Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-–lien and environmental clean-–up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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 or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“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 by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances”); (iii) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to OwnerBorrower’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 best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except To the best of each Borrower's -------------------- knowledge after due inquiry, except as set forth disclosed in the written environmental reports respecting delivered to Lender prior to the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, date hereof: (i) the no 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”"ENVIRONMENTAL LAWS"); (ii) the no 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 toxic, dangerous and/or dangerous regulated substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, 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”"HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s the acquisition of any Collateral Property by the PropertyBorrower that owns it), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the 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 the acquisition of any Collateral Property by the Borrower that 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 the any Collateral Property; (v) no Toxic Mold is on or about the Property which requires remediation; and (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there any Collateral Property. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Borrower which have not been provided to Lender.

Hazardous Substances. Except 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 audit reports respecting provided to BNP by the Contributing Parties and in the environmental assessments of the Property obtained by Lender in connection with conducted on behalf of BNP (the making "Environmental Assessments"), as of this Agreementthe Closing Date, and to Borrower’s Knowledgethe Contributing Parties have not generated, (i) stored, released, discharged or disposed of hazardous substances or hazardous wastes at, upon or from the Property is not in violation of any Legal Requirement pertaining 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, (x) as of the date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or imposing liability in the Environmental Assessments, as of the Closing Date, no hazardous substances or standards hazardous wastes have otherwise been generated, stored, released, discharged or disposed of conduct concerning from, at or upon the Property in violation of any Environmental Law. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and (y) except as set forth in the environmental regulationaudit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, contamination or clean-upas of the Closing Date, including no underground storage tanks are located on the Property. As used in this Agreement, the terms "hazardous substances" and "hazardous wastes" shall have the meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the Emergency Planning regulations thereunder, and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Federal Clean Water Act, as amended, and the Clean Air Actregulations thereunder, the Toxic Substance Control Actand such terms shall also include asbestos, the Safe Drinking Water Actpetroleum products, the Occupational Safety radioactive materials 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other regulated 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 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) no Hazardous Substances are present in, on or under any nearby real property which could migrate to Environmental Law, regulation or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.ordinance. 183

Hazardous Substances. Except as set forth in that certain Phase I Environmental Site Assessment Report prepared by GZA dated November 3, 2010 and that certain Phase 1 Environmental Site Assessment prepared by Triumvirate Environmental, Inc. dated June 18, 2014 (collectively, the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge“Environmental Report”), (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state 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 governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 to the best of Borrower’s knowledge, the period prior to OwnerBorrower’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 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 Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower or any Guarantor and within Borrower’s or any Guarantor’s possession which have not been provided to Lender.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by report delivered to Lender in connection with the making closing of this Agreement, and to Borrower’s Knowledgethe Loan, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-–to-–Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-–lien and environmental clean-–up statutes (including with respect to Toxic Mold)statutes, any local law requiring related permits and licenses licenses, any common law relating to Toxic Mold or other Hazardous Substances, 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 or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“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 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 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 period prior to OwnerBorrower’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 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 Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and and, to Borrower’s knowledge, the Property has never been used as a landfill; and (viivi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lender.

Hazardous Substances. Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) the No 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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)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 no 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “"Hazardous Substances”"); (iii) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are or have been (including the period prior to Owner’s such Borrower's acquisition of the its Property), discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the 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 the any Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the any Property and the no Property has never ever been used as a landfill; and (viivi) 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 Lender.

Hazardous Substances. Except Mortgagor represents and warrants to Mortgagee that except as set forth disclosed in the environmental reports respecting the Property obtained existing Phase I Environmental assessment dated September 27, 1999 prepared by Lender in connection with the making of this AgreementPinnacle Engineering, and to Borrower’s Knowledge, Inc.: (i) there are not present in, on or under the Mortgaged 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic 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”as defined below); (ii) the Mortgaged Property is not subject presently being used and, to any private or governmental Lien or judicial or administrative notice or action or the best of Mortgagor’s knowledge after due inquiry, investigation has not in the past been used, for the handling, storage, transportation, manufacture, release or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus disposal of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) there are no Hazardous Substances are present and have not in the past been any claims, investigations, administrative proceedings, litigation, regulatory hearings or have been 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 (including the period prior to Owner’s acquisition of the Propertyas defined below), dischargedseeking relief under any Environmental Law or relating to any required environmental permits, generated, treated, disposed of licenses or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Lawsauthorizations; (iv) no Hazardous Substances 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 present 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 nearby real property which could migrate to above-ground or otherwise affect underground storage tanks used for the Property; (v) no Toxic Mold is on storage of petroleum, petroleum by-products or about the Property which requires remediationany other Hazardous Substances; (vi) no underground storage tanks exist the Mortgaged Property is not and never has been listed on the Property and the Property has never been used as a landfillUnited 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) there have been no Mortgagor has disclosed and delivered to Mortgagee all environmental investigationsreports and investigations which Mortgagor has obtained or ordered with respect to the Mortgaged Property. Mortgagor shall not use, studiesor permit the use of, auditsthe Mortgaged Property for the handling, reviews 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 analyses conducted Hazardous Substances in, about or under the Mortgaged Property unless: (i) Mortgagor has obtained the prior written consent of Mortgagee for such installation and maintenance; and (ii) Mortgagor installs and maintains such above-ground or underground storage tanks in compliance with all applicable Environmental Laws. Notwithstanding the foregoing, Mortgagor and any occupant of the Mortgaged Property may use or store immaterial amounts of commonly known and used 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 Mortgaged Property and does not constitute a primary use thereof; and (C) complies at all times with all applicable Environmental Laws. Upon the occurrence of an Event of Default hereunder or if Mortgagee, in its sole and absolute discretion, believes that any Hazardous Substance is present on or is being handled, stored, transported, manufactured, released or disposed of in, on or under the Mortgaged Property, Mortgagee or its authorized agent may enter upon the Mortgaged Property for the purpose of performing inspections, taking soil borings, or 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 such environmental report indicates any presence, handling, storage, transportation, manufacture, release or disposal of Hazardous Substances in, on or under the Mortgaged Property, Mortgagee may require Mortgagor, at Mortgagor’s expense, to remedy any such presence, handling, storage, transportation, manufacture, release or disposal to the satisfaction of Mortgagee. Mortgagor shall immediately notify Mortgagee in writing of any claim, 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 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 on behalf 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 value of Borrower which have not been provided to LenderMortgagee’s security under this Second Mortgage.

Hazardous Substances. Except as set forth in Mortgagor hereby represents and warrants to Mortgagee that, to the environmental reports respecting the Property obtained by Lender in connection with the making best of this AgreementMortgagor's knowledge, after due inquiry and to Borrower’s Knowledge, investigation: (ia) the Mortgaged Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 statutes, and all regulations adopted in 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”"); (iib) the Mortgaged Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants, including without limitation petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 or welfare of humans (collectively, “"Hazardous Substances”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Mortgagor's acquisition of the Mortgaged Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property and the Property has never been used as a landfillMortgaged Property; and (viif) there have been no Hazardous Substances which are upon the Property, but which are not subject to the Environmental Laws, present a threat to the health, safety or welfare of any person. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the 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) 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 case of removal which is not required by law, but in response to the opinion and recommendation of a licensed hydrogeologist, licensed environmental investigations, studies, audits, reviews engineer or other analyses conducted qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or on behalf cure. The obligations and liabilities of Borrower which have Mortgagor under this paragraph shall survive any termination, satisfaction or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, but not been provided to Lenderlimited to, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to Borrower’s knowledge, except as set forth disclosed in the environmental reports respecting report, dated March 7, 2003, prepared by Certified Environments, Inc. (the Property obtained by “PHASE I REPORT”) and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan: (ia) the Trust Property is not in violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “Environmental LawsENVIRONMENTAL LAWS”); (iib) the Trust Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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 SubstancesHAZARDOUS SUBSTANCES”); ): (iiic) no Hazardous Substances are or have been (including the period prior to OwnerBorrower’s acquisition of the Trust Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Trust Property other than in compliance with all Environmental Laws; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender (“LEADER’S CONSULTANT”) provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, 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 and maintenance of the Trust 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.

Hazardous Substances. Except To the best of Borrower’s knowledge, except for “Permitted Substances” (as set forth defined in the environmental reports respecting Environmental Indemnity Agreement) and except as specifically described in the Report (as defined in the Environmental Indemnity Agreement), the Mortgaged Property obtained by Lender does not contain (a) any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in, defined in connection with or listed under the making of this AgreementResource Conservation and Recovery Act, and to Borrower’s Knowledge, (i) 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 Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Materials Transportation Act, the Solid Waste Disposal Act, the Clean Water Toxic Substances Control Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Clean Water Act, the Occupational Safety and Health Actany applicable state or local statutes, including Mass. Gen. Law §21E or in any state super-lien and environmental clean-up regulations promulgating pursuant thereto as such statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations have been or may be amended from time to time, or in respect any other applicable Law, including without limitation those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or the list 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 laws in clauses (collectively, “Environmental Laws”); a) and (iib) 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, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, being herein collectively called “Hazardous Substances”); (iii) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the Property). Borrower has not received, dischargedhandled, generatedused, stored, treated, shipped or disposed of any Hazardous Substances, except for Permitted Substances. Except as specifically described in the Report, no release or stored threatened release of Hazardous Substances has occurred on, incorporated inat, under, about, in or removed or transported 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 condition, use or occupancy of the Mortgaged Property other than in compliance with all Environmental Laws; (iv) no which relates to Hazardous Substances are present in, on or under any nearby real property which could migrate Law referred to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of Borrower which have not been provided to Lenderin this Section 1.02.

Hazardous Substances. Except To the Seller’s knowledge, and based solely on, and except as set forth in in, the environmental reports respecting Existing Environmental Reports (as hereinafter defined) as to matters occurring before Seller came into ownership of the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s KnowledgeProperty, (i) the Property no “hazardous substances”, as that term is not defined 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 Compensation, and Liability ActAct of 1980, as amended, 42 U.S.C. § 9601, et seq., the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 19861976, as amended, 42 U.S.C. § 6901, et seq., and the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety rules and Health Actregulations promulgated pursuant to these acts, any state so-called “super-lien and environmental cleanfund” or “super-up statutes (including with respect to Toxic Mold), lien” laws or any applicable state or local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, the “Environmental Laws”); , nor any other pollutants, toxic materials, or contaminants have been or shall prior to Closing be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape on the Property, (ii) no asbestos or asbestos containing materials have been installed, used, incorporated into, or disposed of on the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiryProperty, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”); (iii) no Hazardous Substances polychlorinated biphenyls are located on or have been (including the period prior to Owner’s acquisition of in the Property), dischargedin the form of electrical transformers, generatedfluorescent light fixtures with ballasts, treated, disposed of or stored on, incorporated incooling oils, or removed any other device or transported from the Property other than in compliance with all Environmental Laws; form, (iv) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Property which requires remediation; (vi) no underground storage tanks exist are located on the Property Property, (v) no investigation, administrative order, consent order and agreement, litigation, or settlement with respect to hazardous substances has been entered into with respect to the Property, and (vi) the Property has never not previously been used as a landfill; , cemetery, or as a dump for garbage or refuse. As used herein, the term “Existing Environmental Reports” shall mean the reports and studies listed on Exhibit E attached hereto and by reference incorporated herein. Seller represents to Purchaser that to its knowledge the Existing Environmental Reports constitute all of the environmental reports and studies relating to the Land and Improvements obtained by Seller or any affiliate of Seller or otherwise in the possession or control of Seller. Except as expressly set forth in Section 6.1(f) and this Section 6.1(i), Seller makes no representation whatsoever regarding: (viia) there have been no environmental investigationscompliance with Environmental Laws, studiesor (b) the presence, auditslocation or scope of any materials, reviews waste, contaminates, pollutants, mold, fungus, bacteria or other analyses conducted substances or conditions which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, or contain petroleum products or by-products, asbestos, heavy metals, or are defined as toxic, dangerous to health or otherwise hazardous by or on behalf of Borrower which have not been provided reference to Lenderany Environmental Laws.

Hazardous Substances. Except To Borrower’s knowledge, except as set forth disclosed in the environmental reports respecting the Property obtained by identified on Schedule 2 attached hereto and delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe “Environmental Reports”): (a) the Property is not in violation of any Legal Requirement 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-upup including, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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), any local law requiring related permits and licenses ) and all amendments to rules and regulations adopted in respect of to the foregoing laws (collectively, “Environmental Laws”); (iib) the Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous 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”) or 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”); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’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; (ivd) 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 (v) no Toxic Mold is on or about the Property which requires remediation; (vie) no underground storage tanks exist on any of the Property. Notwithstanding anything to the contrary in this Section 4.21, Borrower, Owner and tenants may use and store ordinary amounts of Hazardous Substances at the Property in compliance with all applicable Environmental Laws if such use and storage is in connection with business supplies used by Borrower, Owner, a tenant in accordance with the Property has never been used as a landfill; terms of its Lease or in connection with the ordinary cleaning and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf maintenance of Borrower which have not been provided to Lenderthe Property.

Hazardous Substances. Except Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge, after due inquiry and investigation except as set forth disclosed in the environmental reports respecting the Property obtained by report delivered to Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, Loan (ithe "Phase I Report"): (a) the Security Property is not in direct or indirect violation of any Legal Requirement 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-upup including, including without limitation, 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 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic 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 and all rules and regulations adopted in respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, “"Environmental Laws”"); (iib) the Security Property is not subject to any private or governmental Lien lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardoushazardous and/or toxic, toxic dangerous and/or dangerous regulated, substances, toxic mold wastes, materials, raw materials which include hazardous constituents, pollutants or fungus of a type that may pose a risk to human health contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or the environment or would negatively impact the value of the Property (“Toxic Mold”) 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”"); (iiic) no Hazardous Substances are or have been (including the period prior to Owner’s Borrower's acquisition of the Security Property), ) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Security Property other than in compliance with all Environmental Laws; (ivd) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (v) no Toxic Mold is on or about the Property which requires remediation; (vie) 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 case of removal which is not required by law, but in response to the opinion of a licensed MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 52 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 in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security 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 has never been used as by foreclosure or a landfill; and (vii) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf conveyance in lieu of Borrower which have not been provided to Lenderforeclosure.