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18. Present Assignment. This Assignment shall constitute a perfected, <br /> absolute and present assignment, provided that the Mortgagor shall have the right to <br /> collect, but not prior to accrual (except as permitted by paragraph 16 above), all of the <br /> Rents, and to retain, use and enjoy the same unless and until an Event of Default shall <br /> occur under the Loan Agreement or the Mortgage or the Mortgagor shall have <br /> breached any warranty or covenant in this Assignment. Any Rents which accrue prior <br /> to an Event of Default under the Loan Agreement or this Mortgage but are paid <br /> thereafter shall be paid to the Mortgagee. <br /> 19. Hazardous Waste. The Mortgagor represents and warrants to <br /> Mortgagee that, to the best of the Mortgagor's actual knowledge and subject to any <br /> matters disclosed by any environmental report delivered to Mortgagee by the <br /> Mortgagor, there is not presently located anywhere in, on or under the Mortgaged <br /> Property any asbestos, urea-formaldehyde foamed-in-place insulation or <br /> polychlorinated biphenyls ("PCB's") or any other hazardous substance, hazardous <br /> waste, hazardous facility, pollutant or contaminant(including petroleum products), all <br /> as defined in any applicable state, local or federal statute, ordinance, code or <br /> regulation(collectively, "Hazardous Substances"), and Mortgagee, or an authorized <br /> agent of Mortgagee, shall be permitted to enter upon the Mortgaged Property at any <br /> time for the purpose of performing inspections, taking soil borings, or conducting any <br /> other tests or procedures, which Mortgagee deems appropriate to determine whether <br /> any Hazardous Substances are present on the Mortgaged Property. Any such <br /> inspections or tests will be at the expense of the Mortgagor only if: <br /> (a) Mortgagee has received written notice (or oral notice in case of <br /> any emergency) from a governmental entity indicating the possibility of an <br /> environmental concern with the Mortgaged Property; or <br /> (b) Mortgagee otherwise has received written notice (or oral notice <br /> in case of an emergency) indicating in its reasonable opinion, the reasonable <br /> likelihood of there being Hazardous Substances on the Mortgaged Property. <br /> The Mortgagor agrees that if Mortgagee determines at any time that <br /> removal of any Hazardous Substance from the Mortgaged Property is required by <br /> applicable governmental or regulatory authorities or pursuant to applicable laws or <br /> regulations, Mortgagee may, in its reasonable discretion, require the removal or <br /> containment of such Hazardous Substances at the Mortgagor's expense. The <br /> Mortgagor hereby agrees that it will indemnify Mortgagee from and against any and <br /> all liabilities, claims, demands, costs and expenses, including attorneys' fees, resulting <br /> from or due to the release or threatened release of any Hazardous Substances, which <br /> were, or are claimed or alleged to have been located on or removed from the <br /> Mortgaged Property by any person at any time, except that the Mortgagor shall not be <br /> liable for any releases of Hazardous Substances which occur following Mortgagee's <br /> acquisition of the Mortgaged Property by reason of a foreclosure sale (after the period <br />