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Attachment A <br />1163 <br />solvents, oils, cleaning materials, and other substances as are used in the ordinary course of <br />1164 <br />Borrower’s business. Borrower shall not do, and will use its best efforts not to allow anyone else <br />1165 <br />to do, anything affecting the Property that is in violation of any environmental law. <br />1166 <br />1167 <br /> Borrower shall promptly give the Authority written notice of any investigation, claim, <br />1168 <br />demand, lawsuit or other action by any governmental or regulatory agency or private party <br />1169 <br />involving the Property and any hazardous substance or environmental law of which Borrower <br />1170 <br />has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br />1171 <br />EDA, that any removal or other remediation of any hazardous substance affecting the Property is <br />1172 <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with that <br />1173 <br />environmental law. <br />1174 <br />1175 <br /> As used in this paragraph 14, “hazardous substances” are those substances defined as <br />1176 <br />toxic or hazardous substances by environmental law and the following substances: gasoline, <br />1177 <br />kerosene, other flammable or toxic petroleum products, volatile solvents, materials containing <br />1178 <br />asbestos or formaldehyde, and radioactive materials. As used in this paragraph 14, <br />1179 <br />“environmental law” means federal or state laws that relate to environmental protection. <br />1180 <br />1181 <br /> 15. ACCELERATION; REMEDIES. The Authority shall give notice to Borrower <br />1182 <br />prior to acceleration following Borrower’s breach of any covenant or agreement in this Mortgage <br />1183 <br />(“Event of Default”). The notice shall specify: (a) the default; (b) the action required to cure the <br />1184 <br />default; (c) a date, not less than thirty (30) days from the date the notice is given to Borrower by <br />1185 <br />which the default must be cured, provided, however, if Borrower is diligently pursuing a cure, <br />1186 <br />Borrower shall have such additional time as is reasonably necessary to complete the cure; and <br />1187 <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />1188 <br />acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall <br />1189 <br />further inform Borrower of the right to reinstate after acceleration and sale. If the default is not <br />1190 <br />cured on or before the date specified in the notice, the Authority at its option may require <br />1191 <br />immediate payment in full of any sums secured by this Mortgage without further demand and <br />1192 <br />may invoke the power of sale and any other remedies permitted by law. The Authority shall be <br />1193 <br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 15, <br />1194 <br />including, but not limited to, reasonable attorneys fees. <br />1195 <br />1196 <br /> If the Authority invokes the power of sale, the Authority shall cause a copy of a notice of <br />1197 <br />sale to be served upon any person in possession of the Property. The Authority shall publish a <br />1198 <br />notice of sale, and the Property shall be sold at public auction in the manner prescribed by law. <br />1199 <br />The Authority or its designee may purchase the Property at any sale. The proceeds of the sale <br />1200 <br />shall be applied in the following order: (a) to all expenses of the sale, including, but not limited <br />1201 <br />to, reasonable attorneys fees; (b) to all sums secured by this Mortgage; and (c) any excess to the <br />1202 <br />person or persons legally entitled to it. <br />1203 <br />1204 <br /> 16. RELEASE OF MORTGAGE. Upon payment or forgiveness of all sums secured <br />1205 <br />by this Mortgage, the Authority shall discharge this Mortgage without charge to Borrower. <br />1206 <br />Authority shall pay any recordation costs. <br />1207 <br />498884v1 MNI RS275-12 10 <br /> <br />