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20121.1077 <br />Trustee hereby agrees with Beneficiary that Trustee will act for no consideration in <br />routine matters (e.g., execution of partial release of security, extension agreements, <br />modification agreements, or satisfactions) with respect to this Deed of Trust. In the event of <br />foreclosure, Trustee will serve for a Trustee's commission agreeable to Trustee and Beneficiary. <br />If Beneficiary determines that there shall be a substitute Trustee for any reason, Trustee will <br />supply a recordable resignation at the request of Beneficiary. Trustee shall have the right, at its <br />sole option and from time to time, to substitute one or more trustees for the Trustee named <br />above, without notice to Trustor. In the event there shall be more than one trustee, either <br />trustee may act hereunder. <br />22. ENVIRONMENTAL INDEMNIFICATION. TRUSTOR HEREBY AGREES, AT ITS <br />SOLE COST AND EXPENSE, TO UNCONDITIONALLY INDEMNIFY, DEFEND, AND HOLD <br />TRUSTEE AND BENEFICIARY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND <br />AGENTS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, DAMAGE (WHETHER <br />DIRECT OR CONSEQUENTIAL), EXPENSES, CLAIMS, PENALTIES, FINES, INJUNCTIONS, <br />SUITS, PROCEEDINGS, DISBURSEMENTS OR EXPENSES (INCLUDING, WITHOUT <br />LIMITATION, ATTORNEYS' AND EXPERTS' FEES AND DISBURSEMENTS AND COURT <br />COSTS) (COLLECTIVELY, THE "LIABILITIES ") (A) AS A RESULT OF THE <br />INCORRECTNESS OF ANY REPRESENTATION OR WARRANTY OF TRUSTOR OR ANY <br />OTHER PARTY CONTAINED IN THAT CERTAIN ENVIRONMENTAL CERTIFICATE AND <br />INDEMNITY AGREEMENT DATED AS OF THE DATE HEREOF, GIVEN BY TRUSTOR (AND, <br />PERHAPS OTHER INDIVIDUALS OR ENTITIES) TO AND IN FAVOR OF BENEFICIARY (THE <br />"ENVIRONMENTAL INDEMNITY "); (B) ARISING UNDER ANY HAZARDOUS SUBSTANCE <br />LAW; OR (C) ANY OTHER LIABILITIES, IF ANY, WHICH MAY BE INCURRED BY OR <br />ASSERTED AGAINST TRUSTEE OR BENEFICIARY DIRECTLY OR INDIRECTLY <br />RESULTING FROM THE PRESENCE OF A HAZARDOUS SUBSTANCE ON THE TRUST <br />PROPERTY, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT <br />ACTS OR OMISSIONS OF THE TRUSTEE AND BENEFICIARY OR INDIVIDUALS OR <br />ENTITIES ACTING AS THE AGENTS OR EMPLOYEES OF THE TRUSTEE OR <br />BENEFICIARY; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY PROVISION TO <br />THE CONTRARY SET FORTH IN THIS PARAGRAPH, SUCH INDEMNITY SHALL NOT <br />APPLY WITH RESPECT TO MATTERS CAUSED BY OR ARISING OUT OF THE GROSS <br />NEGLIGENCE OR WILLFUL MISCONDUCT OF TRUSTEE OR BENEFICIARY, OR ANY OF <br />ITS AGENTS, OR WITH RESPECT TO LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, <br />PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES BASED SOLELY ON FACTS <br />OR CIRCUMSTANCES OCCURRING ONLY SUBSEQUENT TO SUCH TIME, IF ANY, WHICH <br />BENEFICIARY SHALL BECOME THE OWNER OF THE TRUST PROPERTY BY WAY OF <br />FORECLOSURE OF THE LIEN OF THIS DEED OF TRUST, DEED IN LIEU OF SUCH <br />FORECLOSURE, OR OTHERWISE. FOR PURPOSES OF THIS AGREEMENT, THE <br />FOLLOWING TERMS SHALL MEAN AS FOLLOWS: (A) "ENVIRONMENT" MEANS ANY <br />SURFACE OR SUBSURFACE WATER, WATER VAPOR, SURFACE OR SUBSURFACE <br />LAND, AIR, FISH, WILDLIFE, MICROORGANISMS AND ALL OTHER NATURAL <br />RESOURCES; (B) "GOVERNMENTAL AUTHORITY" MEANS THE FEDERAL <br />GOVERNMENT, OR ANY STATE OR OTHER POLITICAL SUBDIVISION THEREOF, OR ANY <br />AGENCY, COURT OR BODY OF THE FEDERAL GOVERNMENT, ANY STATE OR OTHER <br />POLITICAL SUBDIVISION THEREOF, EXERCISING EXECUTIVE, LEGISLATIVE, JUDICIAL, <br />REGULATORY OR ADMINISTRATIVE FUNCTIONS; (C) "HAZARDOUS SUBSTANCE" <br />MEANS AND INCLUDES POLYCHLORINATED BIPHENYLS, ANY EXPLOSIVES, <br />RADIOACTIVE MATERIALS, CHEMICALS KNOWN OR SUSPECTED TO CAUSE CANCER <br />13 <br />