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201500070
<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 Real Property by any
<br />governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or
<br />pursuant to any Hazardous Materials Laws.
<br />(d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors, officers,
<br />employees, agents, successors and assigns, from and against any and all losses, damages, liabilities,
<br />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
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation
<br />or presence of Hazardous Materials in, on, under or about the Real 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 Trustor's discovery of any occurrence or
<br />condition on the Real Property, or on any real property adjoining or in the vicinity of the Real Property,
<br />that does or could cause all or any part of the Real Property to be contaminated with any Hazardous
<br />Materials or otherwise be in violation of any Hazardous Materials Laws, or cause the Real Property to be
<br />subject to any restrictions on the ownership, occupancy, transferability or use thereof under any
<br />Hazardous Materials Laws.
<br />4.10 Protection of Security. Trustor shall, at Trustor's sole expense: (a) protect, preserve and defend the
<br />Real Property and Trustor's title and right to possession of the Real Property against all adverse claims;
<br />(b) if Trustor's interest in the Real Property is a leasehold interest or estate, pay and perform in a timely
<br />manner all obligations to be paid and /or performed by the lessee or tenant under the lease or other
<br />agreement creating such leasehold interest or estate; and (c) protect, preserve and defend the security
<br />of this Deed of Trust and the rights and powers of Beneficiary and Trustee under this Deed of Trust
<br />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 Real Property and, if Trustor's interest in
<br />the Real Property is a leasehold interest or estate, of any notice of default or demand for performance
<br />under the lease or other agreement pursuant to which such leasehold interest or estate was created or
<br />exists.
<br />4.11 Acceptance of Trust: Powers and Duties of Trustee. Trustee accepts this trust when this Deed of
<br />Trust is executed. From time to time, upon written request of Beneficiary and, to the extent required by
<br />applicable law, presentation of this Deed of Trust for endorsement, and without affecting the personal
<br />liability of any person for payment of any indebtedness or performance of any of the Secured
<br />Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability
<br />therefor and without notice: (a) reconvey all or any part of the Real Property from the lien of this Deed of
<br />Trust; (b) consent to the making of any map or plat of the Real Property; and (c) join in any grant of
<br />easement or declaration of covenants and restrictions with respect to the Real Property, or any
<br />extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Trustee or
<br />Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the
<br />execution of the trusts and the enforcement of its rights and remedies available under this Deed of Trust,
<br />and may obtain orders or decrees directing, confirming or approving acts in the execution of said trusts
<br />DeedOfTrust -NE Job 1896368832 - 1903345458 Term Loan Vers.1 12/22/2014 Page 8 of 22
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