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20]205288
<br />4.9 Hazardous Substances Environmental Provisions. Trustor represents and warrants to
<br />Beneficiary as follows:
<br />(a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject Property is
<br />not and has not been a site for the use, generation, manufacture, storage, treatment, disposal, release or
<br />threatened release, transportation or presence. of any substances which are "hazardous substances,"
<br />"hazardous wastes," "hazardous materials" or "toxic substances" under the Hazardous Materials Laws, as
<br />defined below, and/or other applicable environmental laws, ordinances and regulations (collectively, the
<br />"Hazardous Materials").
<br />(b) The Subject Property is in compliance with all laws, ordinances and regulations relating to
<br />Hazardous Materials (collectively, the "Hazardous Materials Laws"), including without limitation, the Clean
<br />Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of
<br />1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the
<br />Superfund Amendments and Reauthorization Act of 1986, the Federal Toxic Substances Control Act and
<br />the Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented
<br />from time to time, and any other applicable federal, state or local environmental laws, and any rules or
<br />regulations adopted pursuant to any of the foregoing.
<br />(c) There are no claims or actions pending or threatened against Trustor or the Subject Property
<br />by any governmental entity or agency, or any other person or entity, relating to any Hazardous Materials
<br />or pursuant to any Hazardous Materials Laws.
<br />(d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors,
<br />officers, employees, agents, successors and assigns, from and against any and all losses, damages,
<br />liabilities, claims, actions, judgments, court costs and legal or other expenses (including without limitation,
<br />attorneys' fees and expenses) which Beneficiary may incur as a direct or indirect consequence of the use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release, transportation or
<br />presence of Hazardous Materials in, on, under or about the Subject Property. Trustor shall pay to
<br />Beneficiary immediately upon demand any amounts owing under this indemnity, together with interest
<br />from the date of demand until paid in full at the highest rate of interest applicable to any Secured
<br />Obligation. TRUSTOR'S DUTY AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS
<br />BENEFICIARY SHALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND THE
<br />RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THIS DEED OF TRUST.
<br />(e) Trustor shall immediately advise Beneficiary in writing upon Truster's discovery of any
<br />occurrence or condition on the Subject Property or on any real property adjoining or in the vicinity of the
<br />Subject Property that does or could cause all or any part of the Subject Property to be contaminated with
<br />any Hazardous Materials or otherwise be in violation of any Hazardous Materials Laws, or cause the
<br />Subject Property to be subject to any restrictions on the ownership, occupancy, transferability or use
<br />thereof under any Hazardous Materials Laws.
<br />4.10 Protection of Security. Trustor shall, at Trustor's sole expense: (a) protect, preserve and
<br />defend the Subject Property and Trustor's title and right to possession of the Subject Property against all
<br />adverse claims; (b) if Trustor's interest in the Subject Property is a leasehold interest or estate, pay and
<br />perform in a timely manner all obligations to be paid and/or performed by the lessee or tenant under the
<br />lease or other agreement creating such leasehold interest or estate; and (c) protect, preserve and defend
<br />the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee under this Deed of
<br />Trust against all adverse claims. Trustor shall give Beneficiary and Trustee prompt notice in writing of the
<br />assertion of any claim, the filing of any action or proceeding, or the occurrence of any damage,
<br />condemnation offer or other action relating to or affecting the Subject Property and, if Trustor's interest in
<br />the Subject Property is a leasehold interest or estate, of any notice of default or demand for performance
<br />COMMNEIDEED_NE.DOC (Rev. 02110) _7_
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