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
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