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200001502 and liabilities arising in connection with the presence, use, storage, disposal or transport of any Hazardous Materials on, under, from or about the Property, including, without limitations, (a) all damages directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Materials by Borrower or any prior owner or operator of the Property, and (b) all costs of any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following transfer of title to the Property, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials by any person on the Property prior to transfer of title thereto by Lender. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS TRUST DEED. b. Upon the occurrence of any factors set forth in subparagraph b(i) and /or b(ii), Lender shall have the right to require Borrower, at the sole cost and expense of Borrower, to employ a qualified independent environmental auditor, acceptable to Lender, to conduct an environmental audit of the Premises to determine whether there is any asbestos or Hazardous Material above, in, on, under, from or around the Property, such that the Property, any activity related to the Property or the Hazardous Materials is subject to regulation under Environmental Laws. Lender shall instruct such auditor to conduct such audit in such a manner as to minimize interference with the operation of the Property. (i) at any time that Lender reasonably suspects the presence of asbestos or Hazardous Materials subject to regulation under Environmental Laws, in, on, under, from or around the Property (except with respect to any Hazardous Materials used in the ordinary course of business of the tenants of the Property, with respect to which use there has been no violation of Environmental Laws); or (ii) upon and after any Event of Default hereunder. 17. Bankruptcy. A. Bankruptcy: Assumption of Assignment. The parties agree that Borrower has substantial duties of performance apart from its mere financial obligations under the Trust Deed, the Note and other debt instruments or obligations which this Trust Deed secures, and that parties other than the Borrower could not adequately and fully perform the covenants to be performed by Borrower in this Trust Deed. The parties also agree that this Trust Deed is an agreement for the making of loans and for the extending of debt financing or financial accommodations. No assumption of or assignment of this Trust Deed shall be allowed in bankruptcy. Should an assumption of or assignment of this Trust Deed be permitted in violation of this covenant, the parties agree that Lender will not have adequate assurance of performance unless and until Lender is allowed access to adequate financial and other information to satisfy itself that the trustee or proposed assignee is fully able to assume the financial and personal covenants of Borrower under this agreement, in full accordance with its terms, and that sufficient collateral is pledged and sufficient bonds or letters of credit are posted by the trustee or proposed assignee to guarantee performance of such obligations. The parties further agree that the definition of the term "adequate assurance" as set forth in §365(b)(3) of the Bankruptcy Code of 1978 shall be applicable directly or by analogy to any determination of adequate assurance in connection with this Trust Deed. i