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(b)“Hazardous Substance” means any substance or material defined in or governed
<br />or regulated by any Environmental Regulation as a dangerous, toxic or hazardous
<br />pollutant, contaminant, chemical, waste, material or substance, and also expressly
<br />includes urea-formaldehyde, polychlorinated biphenyls, dioxin, radon, lead-based
<br />paint, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive
<br />materials, explosives, carcinogens and petroleum products, including but not
<br />limitedto crude oil or any fraction thereof, natural gas, natural gas liquids,
<br />gasoline and synthetic gas, and any other waste, material, substance, pollutant or
<br />contaminant the presence of which on, in, about or under the Property would
<br />subject the owner or operator thereof to any damages, penalties, fines or liabilities
<br />under any applicable Environmental Regulation.
<br />(c)“Law” means any federal, state or local law, statute, code, ordinance, rule,
<br />regulation or requirement.
<br />2.Warranties and Representations.Borrower warrants and represents to Lender that
<br />to Borrower’s knowledge, and except as otherwise described in documents identified on
<br />ExhibitAattached hereto:
<br />(a)There is not located on, in, about or under the Property any Hazardous Substances
<br />except for Hazardous Substances of the type ordinarily used, stored or
<br />manufactured in connection with the operation of the Property as it is presently
<br />operated, and such existing Hazardous Substances have been and are used, stored
<br />and manufactured in compliance with all Environmental Regulations.
<br />(b)The Property is not presently used, and has not in the past been used, as a landfill,
<br />dump, disposal facility or gasoline station, or for industrial, manufacturing or
<br />military purposes, or for the storage, generation, production, manufacture,
<br />processing, treatment, disposal, handling, transportation or deposit of any
<br />Hazardous Substances.
<br />(c)There has not in the past been, and no present threat now exists of, a spill,
<br />discharge, emission or release of a Hazardous Substance in, upon, under, over or
<br />from the Property or from any other property which would have an impact on the
<br />Property.
<br />(d)The Property is in compliance with, and there are no past or present
<br />investigations, administrative proceedings, litigation, regulatory hearings or other
<br />actions completed, proposed, threatened or pending, alleging noncompliance with
<br />or violation of, any Environmental Regulations respecting the Property, or
<br />relating to any required environmental permits covering the Property.
<br />(e)Borrower has disclosed to Lender allreports and investigations commissioned by
<br />or in the possession or control of Borrower and relating to Hazardous Substances
<br />and the Property.
<br />(f)There are not now, nor have there ever been, any above ground or underground
<br />storage tanks located in or under the Property. All storage tanks identified on
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<br />477339v4 MJM EL185-40
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