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132777076v2
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<br />Section 1.13 Books and Records. The Mortgagor shall keep and maintain full, true and
<br />accurate books of accounts adequate to reflect correctly the results of the operation of the
<br />Mortgaged Property, which books and the records relating thereto shall be open to inspection by
<br />the Mortgagee or its representative during ordinary business hours.
<br />Section 1.14 Final Maturity Date. The Mortgagor shall, at the request of the
<br />Mortgagee, amend the Mortgage to reflect any change in the final maturity date of the debt
<br />secured by the Mortgage as set forth in the Mortgage if such date is either accelerated or
<br />extended as provided in the Note. However, in no case may the final maturity date be extended
<br />beyond thirty years from the date of the Note.
<br />Section 1.15 Hazardous Materials. The Mortgagor represents and warrants to the
<br />Mortgagee, its successors and assigns, that, except to the extent reasonably necessary in the
<br />ordinary course of its operations, it has not used or permitted and will not use or knowingly
<br />permit the Mortgaged Property to be used, whether directly or through contractors, agents or
<br />tenants, and to the Mortgagor’s actual knowledge without investigation or inquiry, the
<br />Mortgaged Property has not at any time been used for the generating, transporting, treating,
<br />storage, manufacture, emission of, or disposal of any dangerous, toxic or hazardous pollutants,
<br />chemicals, wastes or substances as defined in the Federal Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980 (“CERCLA”), or the Federal Resource
<br />Conservation and Recovery Act of 1976 or any other federal, state or local environmental laws,
<br />statutes, regulations, requirements and ordinances (“Hazardous Materials”); that there have been
<br />no investigations or reports involving Mortgagor or the Mortgaged Property by any
<br />governmental authority which in any way pertain to Hazardous Materials; that the operation of
<br />the Mortgaged Property has not violated and is not currently violating any federal, state or local
<br />law, regulation, ordinance or requirement governing Hazardous Materials; that the Mortgaged
<br />Property is not listed in the United States Environmental Protection Agency’s National Priorities
<br />List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of Hazardous
<br />Materials or hazardous waste sites, whether maintained by the United States Government or any
<br />state or local agency and that the building improvements do not contain any formaldehyde, urea
<br />or asbestos, except as may have been disclosed in writing to the Mortgagee by the Mortgagor at
<br />the time of execution and delivery of this Mortgage. The Mortgagor agrees to indemnify and
<br />reimburse the Mortgagee, its successors and assigns, for any breach of these representations and
<br />warranties and from any loss, damage, expense or cost arising out of or incurred by Mortgagee
<br />which is the result of a breach of, misstatement of or misrepresentation of the above covenants,
<br />representations and warranties, together with all attorneys’ fees incurred in connection with the
<br />defense of any action against the Mortgagee arising out of the above. These covenants,
<br />representations and warranties shall be deemed continuing covenants, representations and
<br />warranties for the benefit of the Mortgagee, and any successors and assigns of the Mortgagee,
<br />including any purchaser at mortgage foreclosure sale, any transferee of the title of the Mortgagee
<br />or any subsequent purchaser at a foreclosure sale and shall survive any foreclosure of this
<br />Mortgage and any acquisition of title by Mortgagee or anyone claiming, through or under this
<br />Mortgage, the title of Mortgagee. The amount of all such indemnified loss, damage, expense or
<br />cost, shall bear interest thereon at the highest rate of interest in effect on the Note and shall
<br />become so much additional indebtedness secured by this Mortgage and shall become
<br />immediately due and payable in full on demand of the Mortgagee, its successors and assigns.
<br />Said indemnity shall only apply in connection with conditions which were in existence, in whole
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