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17 <br />Westview House <br />City HOME Deed of Trust <br />restoration, Trustor deposits with the Beneficiary or senior lender, if and to the extent required <br />by that senior lender pursuant to the terms of the senior Debt Instrument, within five days of <br />demand by Beneficiary, the additional amounts necessary to accomplish restoration. Application <br />or release of proceeds as provided herein shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done pursuant to such notice. <br />Section 5. ENVIRONMENTAL COVENANTS OF TRUSTOR <br /> 5.1. Disclosures By Trustor. <br />Except as disclosed in writing to, and acknowledged and accepted in writing by <br />Beneficiary, Trustor represents and warrants that: <br />(a) during the period of Trustor’s ownership of the Property <br />(1) there has been no use, generation, manufacture, storage, treatment, <br />disposal, discharge, Release, or threatened Release of any Hazardous Substance by any person <br />on or around the Property except in such small quantities as are customary and usual in the <br />ordinary course of constructing, using and operating a residential housing business on the <br />Property and in strict compliance with all Hazardous Substances Laws, and <br />(2) there have been no Hazardous Substances transported over or <br />through the Property; <br />(b) Trustor has no knowledge of, or reason to believe that, there has been: <br />(1) any use, generation, manufacture, storage, treatment, disposal, <br />Release, or threatened Release of any hazardous waste or substance by any prior owners or prior <br />occupants of the Property or by any third parties onto the Property, or <br />(2) any actual or threatened litigation or claims of any kind by any <br />person relating to these matters; <br />(c) to Trustor’s knowledge, no Hazardous Substances in excess of permitted <br />levels or reportable quantities under applicable Hazardous Substance Laws are present in or <br />about the Property or any nearby real property that could migrate to the Property; <br />(d) to Trustor’s knowledge, no Release or threatened Release exists or has <br />occurred; <br />(e) to Trustor’s knowledge, no underground storage tanks of any kind are or <br />ever have been located in or about the Property; <br />(f) the Property and all of Trustor’s contemplated operations and activities at, <br />and Trustor’s contemplated use and occupancy of, the Property comply with all applicable <br />Hazardous Substance Laws; <br />EXHIBIT 3