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HomeMy WebLinkAbout0970 i ~ . ~ ~ ~ }i f liability under, any law, rule, regulation, or ordinance in connection witY~ the Mortgaged Property or elsewhere; (b) That Mortgagor has not incurred and will not incur = during the term of this-Mortgage any liability to the State of Florida or the United States, nor is or has Mortgagor been in violation or breach of any law, rule, regulation or ordinance on the Mortgaged Property or elsewhere; _ (c) That no portion of the M~rtgaged Property has been, or during the term of this Mortgage, shall be used for the storage, treatment, use or disposal of any "hazardous waste," as such term is defined by the federal Resource Conservation and Recovery Ac~ or the r^lorida Resource Recovery and Management Act; ; 1. (d) That no actions of any predecessor in the title to the ~ Mortgaged Property or elsewhere could give rise to a lien of the ~ State of Florida or the United States on the Mortgaged Property. s (e) That no lien on the Mortgaged Property has arisen or will arise during the term of this Mortgage under federal or State law, rule, regulation or ordinance. r ~ ~ Without limitation of anything hereinabove stated, the Mortgaged Property shall be maintained and used in accordance with all applicable laws, rules, ordinances and regulations of ; ~ all federal,. state and municipal authorities, including, withou~ limitation, the federal Resource Conservation and Recovery Act, the Florida Resource Recovery and Management Act, the federal Water Pollution Control Act, and the Florida Air and Water Pollution Control Act, insofar as applicable. Mortgagor further agrees [o indemnify and hold Mortgagee (and each party constituting Mortgagee) harmless from and aginst all liability and loss, cost, damage or expense, including attorneys' fees, which Mortgagee (or either of the parties collectively constituting Mortgagee) may sustain by reason of any claimed or actual breach of the representations and warranties herein. Further, Mortgagee shall have the right, but not the obligation, to e~ter upon the Mortgaged Property and expend funds to cure any default of Mortgagor under or with respect to any such laws, ru2es, ordinances and regulations, and Mortgagor will promptly repay ta Mortgagee upon demand any such expenses thereby incurred, the repayment of such expense to be secured hereby as fully and effectually as any obligation of Mortgagor hereby secured. 1.15 Use an3 Manaqement of Mortqa3ed Propertv. Mortgagor shall not be permitted to alter or change the use of the Mortgaged Property without the prior written consent of Mortgagee, which consent shall not be unreasonably withheld. -21- . aooK57~ N~cE 9 ~fl ~