10-25-01 3. MORTGAGE - Laserfiche WebLink

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(a) Mortgagee has received written notice (or oral notice in case of any emergency) from a governmental entity indicating the possibility of an environmental concern with the Mortgaged Property; or (b) Mortgagee otherwise has received written notice(or oral notice in case of an emergency) indicating in its reasonable opinion, the reasonable likelihood of there being Hazardous Substances on the Mortgaged Property. The Mortgagor agrees that if Mortgagee determines at any time that removal of any Hazardous Substance from the Mortgaged Property is required by applicable governmental or regulatory authorities or pursuant to applicable laws or regulations, Mortgagee may, in its reasonable discretion, require the removal or containment of such Hazardous Substances at the Mortgagor's expense. The Mortgagor hereby agrees that it will indemnify Mortgagee from and against any and all liabilities, claims, demands, costs and expenses, including attorneys' fees, resulting from or due to the release or threatened release of any Hazardous Substances, which were,or are claimed or alleged to have been located on or removed from the Mortgaged Property by any person at any time, except that the Mortgagor shall not be liable for any releases of Hazardous Substances which occur following Mortgagee's acquisition of the Mortgaged Property by reason of a foreclosure sale(after the period of redemption)or a conveyance in lieu of a foreclosure sale or following a sale by the Mortgagor which results in the release of the Mortgagor on the Loan Agreement, provided that such Hazardous Substances release was not caused by an act or omission of the Mortgagor prior to the date of such transfer or conveyance and provided further that such Hazardous Substances were first placed on the Mortgaged Property following Mortgagee's acquisition of the Mortgaged Property by reason of a foreclosure sale(after the period of redemption) or a conveyance in lieu of a foreclosure sale or following a sale by the Mortgagor which results in the release of the Mortgagor on the Loan Agreement. 20. Authorization. The execution and delivery of this Mortgage by the Mortgagor, and performance by Mortgagor of its obligations hereunder have been duly authorized by all necessary action on the part of Mortgagor and its constituent entities, and do not and will not violate any present regulation, order, writ, injunction or decree of any court or governmental or quasi-governmental body, agency or other instrumentality (collectively, "Governmental Authorities") applicable to Mortgagor or the Mortgaged Property (collectively, "Laws"), or result in a breach of any of the terms, conditions or provisions of, or constitute a default UNDER, or (except as created by this Mortgage) result in the creation or imposition of any lien of any nature whatsoever upon any of the assets of Mortgagor pursuant to the terms of, any mortgage, deed of trust, indenture, agreement or instrument to which Mortgagor is a party or by which it or any of its properties is bound. 21. Compliance with Laws. Mortgagor(either directly or through its tenants), at its own sole cost and expense (or the cost and expense of its tenants), shall promptly comply 13