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DocuSign Envelope ID:847BA5A1-CA01-4305-A31D-3C3DABB304E8 <br /> land described in Attachment A attached hereto (the "Land") are free of Hazardous <br /> Materials, (ii) neither Borrower, nor to the best of Borrower's knowledge, anyone else <br /> connected with the Premises or the Land has received any notice from any <br /> governmental agency, entity or other person with regard to Hazardous Materials, from <br /> or affecting the Premises or the Land, and (iii) to the best of Borrower's knowledge, <br /> there is not now pending or threatened any action, suit, investigation or proceeding <br /> against Borrower relating to the Premises or the Lender (or against any other party <br /> relating to the Premises or the Land) seeking to enforce any right or remedy under any <br /> of the Environmental Laws. <br /> b. Borrower covenants and agrees that (i) the Premises shall be kept free of Hazardous <br /> Materials, (ii) Borrower shall not cause nor permit the presence, use, disposal, <br /> installation, generation, manufacture, transportation, storage, release or treatment of <br /> Hazardous Materials in or on the Premises of the land and (iii) Borrower shall at all <br /> times comply with and ensure compliance by all other parties with all applicable <br /> Environmental Laws relating to or affecting the Premises and the Land and shall keep <br /> the Premises and the Land free and clear of any liens imposed pursuant to any <br /> applicable Environmental Laws. The preceding sentence shall not apply to the <br /> presence, use or storage on the Premises of small quantities of Hazardous Materials <br /> that are generally recognized to be appropriate to normal residential use and to <br /> maintenance of the Premises. <br /> c. Borrower shall immediately give Lender written notice of any investigation, claim, <br /> demand, lawsuit or other action by any party involving the Premises or the Land and <br /> any Hazardous Materials of Environmental Law of which Borrower has actual <br /> knowledge. If Borrower learns, or is notified by any governmental or regulatory <br /> authority, that any removal or other remediation of any Hazardous Materials affecting <br /> the Premises or the Land is necessary, Borrower shall promptly take all necessary <br /> remedial actions in accordance with all applicable Environmental Laws. <br /> d. Borrower hereby agrees to indemnify Lender and hold Lender harmless from <br /> and against any and all losses, liabilities, damages and claims of any and every <br /> kind whatsoever paid, incurred or suffered by or asserted against Lender for, <br /> with respect to, or as a direct or indirect result of <br /> (i)the presence on or release from the Premises or the Land prior to the cancellation <br /> of this Deed of Trust of any Hazardous Material, regardless of whether or not caused <br /> by or within the control of Borrower, <br /> (ii) the violation of any Environmental Laws prior to the cancellation of this Deed Of <br /> Trust relating to or affecting the Premises or the Land,whether or not caused by or <br /> within the control of Borrower, <br /> (iii) the failure of Borrower to comply fully with the terms and provisions of this <br /> section, or <br /> 32 <br />