Fill and Sign the Mortgage Loan Purchase and Sale Agreement Secgov Form

ENVIRONMENTAL INDEMNITY AGREEMENT THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this "Agreement") made and entered into this _____ day of _____________ _____, by and between _______________________________________, a ____________ limited liability partnership (hereinafter referred to as Indemnitor), and _____________________________________, a corporation of the State of ____________, having its principal office at _________________ ___________________________________________ (hereinafter referred to as Lender); RECITALS: A. Lender is loaning to Indemnitor the sum of ____________________________ ($__________________) evidenced by a Promissory Note; and B. This Agreement is being executed and delivered in connection with the Note and the following obligations (collectively, the "Indebtedness"): the full and prompt payment and performance of all of the indebtedness, obligations, covenants, agreements and liabilities of Indemnitor to Lender, together with all interest and other charges thereon, whether direct or indirect, existing, future, contingent or otherwise, due or to become due, under or arising out of or in connection with (1) the Note, this Agreement, the Deed of Trust (the ADeed of Trust), the Security Agreement, the Assignment of Leases and Rents from Indemnitor, as assignor, to Lender, as assignee (the "Assignment"), and any other instrument now or hereafter given to evidence, secure or guarantee Indemnitor's obligations hereunder or thereunder (the Note, the Deed of Trust, the Assignment, the Security Agreement, this Agreement and such other instruments are herein collectively called the "Loan Documents"), and (2) any and all modifications, extensions and renewals of any of the foregoing, and any and all expenses and costs incurred by Lender in the collection or enforcement of any of the foregoing, or in the exercise of any of the rights or remedies under the Loan Documents or applicable law, including, without limitation, attorneys' fees ; and C. It is a condition precedent to, and a material inducement for, the making of the Loan that Indemnitor shall have executed and delivered this Agreement. NOW, THEREFORE , in consideration of, and as a material inducement for, the making of the Loan, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Indemnitor agrees as follows: 1. Definitions. All capitalized terms used in this Agreement not otherwise defined herein shall have the meanings ascribed to such terms in the Deed of Trust. The term "Lender" shall include Do
Yen or common law heir or administrator in lieu of agent. 2. Purpose of loan. The purpose of the loan is to secure the unpaid balance in the note, thereby reducing or eliminating the principal of the loan document (this will be done by the assignment of the note, the assignment of leases and rents from indemnification). The purpose of the loan document is, further, to provide for payment of all amounts owing by indemnity, including, without limitation, the first and sixth payments and the interest thereon, and any charges or expenses in connection with the collection or enforcement thereof. 3. Loan document. All loans are denominated (i) in dollars, (ii) with notes, (iii) as an equal principal amount subject to a fixed interest rate, and (iv) with the principal and interest payable monthly or at the end of each month. The loan document will comply, in the order described, with the requirements on loans set forth in the loan documents. 4. Loan documents. All loans will be secured by a promissory note (the loan document) and by a deed of trust (the loan documents). The loan documents will also contain instruments evidencing all rights and powers existing and vested in or arising out of the loan document that are not otherwise included in the loan documents, including, without limitation, agreements that may constitute mortgagees, tenants, mortgagees' interests and other similar interests in the property subject to the loan document from which the note is issued. 5. Assignee. The assignment of the title, the deed of trust or any other instrument evidencing or securing any claim of indemnity shall be the assignment of an interest under this agreement (the “additional assignment") with each assignment that is executed and delivered before the receipt of the note, the other loan documents and the added of trust, together with all accrued and unpaid interest under and in respect of the respective first and sixth payment. The additional assignment also constitutes the right of indemnity and of such additional indemni- b. Exemption from liability and liability for claims against leviathan. All claims and obligations that may have a material adverse effect on indemnity and liability of indemnification in regard to the loans and loans documents contemplated by the loan documents and any loan documents issued by the lender hereunder, including claims and obligations that might be asserted by the borrower against indemnity for any or all of the loan documents or loan documents, will be excepted from.