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RECORDATION REQUESTED BY:
<br />Boston Private Bank & Trust Company
<br />The undersigned Title Company hereby certifies that the
<br />within instrument is a true and complete copy of the original
<br />thereof, which was recorded in the official records of the
<br />County ofJOtg l-Y7Gt74—e D on TuA1 e Z9, ZU17 under
<br />Recorders series No --7O (_ 0 S- gci3
<br />North American Title Company
<br />WHEN RECORDED MAIL TO: ;7
<br />Boston Private Bank & Trust Company By.
<br />Alin: Credit Administration _
<br />190 Bovet Road Annette Ross
<br />y�
<br />San Mateo, CA 9`4492-9955
<br />q90) LJ " 1 �Z 1 �.� FOR RECORDER'S USE ONLY
<br />HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT
<br />THIS HAZARDOUS SUBSTANCES AGREEMENT dated June 27, 2017, is made and executed among HIP
<br />Housing Development Corporation, a California Non-profit public benefit corporation, whose address is 800
<br />South Claremont Street, #210, San Mateo, CA 94402 (sometimes referred to below as "Borrower" and
<br />sometimes as an "Indemnitor"); Human Investment Project, Inc., whose address Is 800 South Claremont
<br />Street, #210, San Mateo, CA 94402 (sometimes referred to below as "Guarantor" and sometimes as an
<br />"Indemnitor"); and Boston Private Bank & Trust Company, San Mateo Office, 160 Bovet Road, San Mateo, CA
<br />94402 (referred to below as "Lender"). For good and valuable consideration and to induce Lender to make a
<br />loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows:
<br />PROPERTY DESCRIPTION. The word "Property' as used in this Agreement means the following Real Property located in San Mateo County,
<br />State of California:
<br />Lot 8 In Block 7, as shown on that certain Map entitled'Lenoil, Redwood City, California," which Map was filed in the Office of the Recorder of
<br />the County of San Mateo, State of California, on May 7, 1925, in Book 12 of Maps at Pages 30 and 31.
<br />The Real Property or its address is commonly known as 1512 Stafford Street, Redwood City, CA 94063. The Assessors Parcel Number for the
<br />Real Property is 052-112-120.
<br />REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by Lender in writing or
<br />contained In the Property Report'
<br />Use of Property. After due inquiry and investigation, Indemnitor has no knowledge, or reason to believe, that there has been any use,
<br />generation, manufacture, storage, treatment. refinement, transportation, disposal, release, or threatened release of any Hazardous
<br />Substances by any person on, under, or about the Property.
<br />Hazardous Substances. After due Inquiry and Investigation, Indemnitor has no knowledge, or reason to believe, that the Property, whenever
<br />and whether owned by previous Occupants, has ever contained asbestos, PCBs, lead paints or other Hazardous Substances, whether used
<br />in construction or stored on the Property.
<br />No Notices. Indemnifier has recelved no summons, dlation, directive, letter or other communication, written or oral, from any agency or
<br />department of any county or state or the U.S. Government concerning any Intentional or unintentional action or omission on, under, or about
<br />the Property which has resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances
<br />into any waters, ambient air or onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, biota, air or
<br />other natural resources.
<br />AFFIRMATIVE COVENANTS. Indemnitor covenants with Lender as follows:
<br />Use of Property. Indemnitor will not use and does not Intend to use the Property to generate, manufacture, terns, transport, treat, store,
<br />handle or dispose of any Hazardous Substances, PCBs, lead paint or asbestos.
<br />Compliance with Environmental Lam. Indemnitor shall cause the Property and the operations conducted on It to comply with any and at[
<br />Environmental Laws and orders of any governmental aulhodges having jurisdiction under any Environmental Laws and shall obtain, keep in
<br />effect and comply with all governmental permits and authorizations required by Environmental Laws with respect to such Property or
<br />operations. Indemnitor shall furnish Lender with copies of all such permits and authodzarons and any amendments or renewals of them and
<br />shall notify Lender of any expiration or revocation of such permits orauthorizatims.
<br />Preventive, Investigatory and Remedial Action. Indemnitor shall exercise extreme care In handling Hazardous Substences If Indemnitor
<br />uses or encounters any. Indemnitor, at Indemnifiers expense, shall undertake any and all preventive, investigatory or remedial action
<br />(including emergency response, removal, containment and other remedial action) (a) required by any applicable Environmental Laws or
<br />orders by any governmental authority having jurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property
<br />damage (including damage to Occupant's own property), personal injury or damage to the environment, or the threat of any such damage or
<br />Injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any Occupant on the Property.
<br />In the event Indemnitor falls to perform any of Indemnitor's obligations under this section of the Agreement, Lender may (but shall not be
<br />required lo) perform such obligations at Indemnitors expense. All such costs and expenses incurred by Lender under (his section and
<br />otherwise under lhls Agreement shall be reimbursed by Indemnitor to Lender upon demand with interest at the Note default rate, or In the
<br />absence of a default rule, at the Note interest rate. Lender and Indemnitor Intend that Lender shall have full recourse to Indemnlior for any
<br />sum at any time due to Lender under this Agreement. In performing any such obligatlons of Indemnitor, Lender shall at all times be deemed
<br />to be the agent of Indemnitor and shall not by reason of such performance be deemed to be assuming any responsibility of Indemnitor under
<br />any Environmental Law or to any third party. Indemnitor hereby irrevocably appoints Lender as Indemnitor's attorney-in-fact with full power to
<br />perform such of Indemnkor's obligations under this section of the Agreement as Lender deems necessary and appropriate.
<br />Notices. Indemnifier shall immediately notify Lender upon becoming aware of any of the following:
<br />(1) Any spill, release or disposal of a Hazardous Substance on any of the Property, or in connection with any of its operations if such
<br />spill, release or disposal must be reported to any governmental authority under applicable Environmental Laws.
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