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20120763;
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to
<br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without limitation,
<br />attomeys' fees and the payment of Trustee's Fees incurred, which Trustee's Fees shall not, in the aggregate, exceed
<br />the following amounts based upon the amount secured hereby and remaining unpaid at the time scheduled for sale: 5
<br />percentum on the balance thereof and then to the items in subparagraph (c), in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or if the sale is
<br />pursuant to judicial foreclosure, the proceeds of sale shall be applied in the following order:
<br />(1) cost of any evidence of title procured in connection with such sale and of any revenue
<br />transfer fee required to be paid;
<br />(2) all obligations secured by this Trust Deed;
<br />(3) junior trust deeds, mortgages, or other lienholders;
<br />(4) the remainder, if any, to the person legally entitled thereto.
<br />13. Environmental Protection Requirements, Warranties And Indemnities: That Trustor shall
<br />not use, nor permit any tenant, occupant or any other party or entity to use, the Premises, or any part thereof, for the
<br />purpose of generating, treating; producing, storing, handling, transferring, processing, transporting, disposing or
<br />otherwise releasing "hazardous substances," as hereinafter defined, either on, in, from or about the Premises which:
<br />(a) creates or causes a contamination either on the Premises or elsewhere which is required by any
<br />governmental authority to be removed, remediated, or otherwise cleaned up under any applicable
<br />'Bnvironmer�iai L a:, �e�ned below,
<br />(b) creates any form or liability, civil or criminal, direct or indirect, due to such contamination, or
<br />(c) is in contravention of any Environmental Law.
<br />That the terms "Environmental Law" and "Environmental Laws" as used in this Trust Deed include any and all
<br />current and future federal, state and local environmental laws, statutes, rules, regulations and ordinances, as the same
<br />shall be amended and modified from time to time, including but not limited to, "common law," the Comprehensive
<br />Environmental Response, Compensation and Liability Act ("CERCLA"), as amended from time to time, the
<br />Resource Conservation and Recovery Act ("RCRA"), as amended from time to time, and the Toxic Substances
<br />Control Act ("TSCA"), as amended from time to time.
<br />That "haza.rdous substances" as used in this Trust Deed includes any and all "hazardous substances" as defined
<br />in CERCLA, any and all "hazardous wastes" as defined in RCRA, and any and all "toxic substances" as defined in
<br />TSCA, petroleum products, asbestos or asbestos-containing materials, polychlorinated biphenyls ("PCB's"), radon
<br />gas, urea formaldehyde foam insulation ("UFFI") and any and all other haza,rdous substances, hazardous wastes,
<br />pollutants and contaminants regulated or controlled by any of the Environmental Laws.
<br />That Trustor shall, in the event of any dischazge, spill, injection, escape, emission, disposal, leak or other release
<br />of hazardous substances on, in, under, onto or from the Premises, which is not authorized by a currently valid permit
<br />or other approval issued by the appropriate governmental agencies:
<br />(a) promptly notify Trustee, the Environmental Protection Agency National Response Center and the
<br />appropriate State Department of Environmental Resources,
<br />(b) take all steps nece�sarv to promptly clean up such discharge, spill, injection, escape, emission,
<br />disposal, leak or another release in accordance with the provisions of all applicable Environmental
<br />Laws, and
<br />(c) receive certification from the appropriate State Department of Environmental Resources or
<br />Federal Environmental Protection Agency that the Premises, and any other property affected, has
<br />been cleaned up to the satisfaction of those agencies.
<br />That Trustor shalI and does hereby grant Trustee and Trustee's agents, employees, contractors and designees an
<br />irrevocable license (coupled with an interest) to enter the Premises from time to time to:
<br />(a) evaluate and monitor the Premises for compliance with all Environmental Laws and the terms of
<br />the Trust Deed,
<br />(b) to evalua,te the presence of hazardous substances, and
<br />(c) to perform appropriate tests and test borings, including taking soil and ground water samples.
<br />That Trustor shall provide Trustee with all notices and other communications received from federal, state and
<br />local agencies and departments which enforce and administer the Environmental Laws. From time to time Trustor
<br />shall provide Trustee, upon request, any and all information requested by Trustee concerning the use of the Premises
<br />and Trustor's compliance with the Environmental Laws and the terms of this Trust Deed, including but not limited
<br />to, all licenses, permits and certificates, and the book and records pertaining to the Premises.
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