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"00101124
<br />Conservation and Recovery Act, 49 U.S.C. Section 6901, et SeMc ., or other applicable state
<br />or federal laws, rules, or regulations adopted pursuant to any of the foregoing. Grantor
<br />represents and warrants to Beneficiary that: (i) during the period of Grantor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any hazardous waste or substance by any person on, under,
<br />or about the Property; (ii) Grantor has no knowledge of, or reason to believe that there has
<br />been, except as previously disclosed to and acknowledged by Beneficiary in writing, (a) any
<br />use, generation, manufacture, storage, treatment, disposal, release, or threatened release of
<br />any hazardous waste or substance by any prior owners or occupants of the Property, or (b)
<br />any actual or threatened litigation or claims of any kind by any person relating to such
<br />matters; (iii) except as previously disclosed to and acknowledged by Beneficiary in writing,
<br />(a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or
<br />substance on, under, or about the Property, and (b) any such activity shall be conducted in
<br />compliance with all applicable federal, state, and local laws, regulations and ordinances,
<br />including, without limitation, those laws, regulations, and ordinances described above.
<br />Grantor authorizes Beneficiary and its agents to enter upon the Property to make inspections
<br />and tests as Beneficiary may deem appropriate to determine compliance of the Property with
<br />this Section of the Deed of Trust. Any inspections or tests made by Beneficiary shall be for
<br />Beneficiary's purposes only and shall not be construed to create any responsibility or liability
<br />on the part of Beneficiary to Grantor or to any other persons. The representations and
<br />warranties contained herein are based on Grantor's due diligence in investigating the Property
<br />for hazardous waste. Grantor hereby (i) releases and waives any future claims against
<br />Beneficiary for indemnity or contribution in the event Grantor becomes liable for cleanup
<br />or other costs under any such laws, and (ii) agrees to indemnify and hold harmless
<br />Beneficiary against any and all claims, losses, liabilities, damages, penalties and expenses
<br />which Beneficiary may directly or indirectly sustain or suffer resulting from a breach of this
<br />Section of the Deed of Trust or as a consequence of any use, generation, manufacture,
<br />storage, disposal, release or threatened release occurring prior to Grantor's ownership or
<br />interest in the Property, whether or not the same was or should have been known to Grantor.
<br />The provisions of this Section of the Deed of Trust, including the obligation to indemnify,
<br />shall survive the payment of the Indebtedness and shall not be affected by Beneficiary's
<br />acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit,
<br />permit, or suffer any stripping of or waste on or to the Property or any portion of the
<br />Property. Specifically, without limitation, Grantor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals, (including oil and gas), soil, gravel or rock
<br />products without the prior written consent of Beneficiary.
<br />Removal of Improvements. Grantor shall not demolish or remove any improvements from
<br />the Real Property without the prior written consent of Beneficiary. As a condition to the
<br />removal of any improvements, Beneficiary may require Grantor to make arrangements
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