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2� 15�8259
<br /> That "hazardous substances" as used in this Trust Deed includes any and a11 "'hazard�us
<br /> substances" as defined in GERCLA, any and all "hazardous wastes" as def ned in R�RA, and any and all
<br /> "tioxiC substances" as defined in TSCA, petroleum products, asbestos or asbestos-con�aining mat�r�a�s,
<br /> palychlQrinated biphenyls�"P�B's"�, rad�n gas, urea formaldehyde foam insulation�"UFF�"} and any and
<br /> a�� other hazardaus sub�tances, hazardous wastes, pol�utants and contaminants regulated or controlled by
<br /> any of the En�ironmen�a� Laws.
<br /> That Trustor shall, in the e�ent of any d.ischarge, s�i��, inje�tion, escap�, �m�ssian, [�15�]�5�.1, leak
<br /> or��her re�ease of hazardaus substances fln, in, under, onta or fr�m the Fremises, which is not authorized
<br /> �y a Gurrent�y�val id permit or ather appro�al issued by the apprapriate go�ernmental agencies:
<br /> a} promptly notify Trustee, the Enviro:nmen�al Protectian Agency Natioria� Respflnse Center
<br /> and the appropriate State:Department af En�ironmental Resaurces,
<br /> b) take a�l steps ne�essary ta promptly clean up such discharge, spill, �njec�ian, escape,
<br /> emission, d�sposal, leak or another release in accardance wi�h the provision� of a�i
<br /> appliGable Environmenta� Laws, an.d
<br /> �) recei�e certificatian from the apprapria�e State Department of En�iranmental Resourc��
<br /> or Federal Environmental Pratec�ion Agency that the Premises, and any �ther property
<br /> affec�ed, has been eleaned up to the satisfac�ion of thase agencies.
<br /> That Trustar shall and d�es hereby gran�Trustee and Trustee's agents, employees, contractors and
<br /> designees an �rre�acable license�c�upled vvith an interest�to enter the Premises fram time ta time ta:
<br /> a} evaluate and monitor the Premises for campl�ance w�th a�l Environmental Laws and the
<br /> terms�f the Trust I]eed,
<br /> b� tv e�a�uate the presence of hazardaus substances,and
<br /> c� to perform apprapriate tes�s and test �orings, including taki�g so�l and grnundwater
<br /> � �amp�es.
<br /> That Trustor shall pr�vide Trustee with a11 nati�es and other cammuniGations recei�ed fram
<br /> federal, state and local agencies and departments which enfarce and adminis�er the En�ironmental Laws.
<br /> From time to time Trustor shall provide Trustee, upon request, any and al� �nformatian requested by
<br /> Trustee c�ncerning the use of the Premises and Trustor's comp�iance w�th the Env�ronmenta� Laws and
<br /> ��e terms of this Trust I]eed, including but not limited �o, all lice.nses, permits and certificates, and the
<br /> boak and records per�aining ta the Premises.
<br /> T.hat Trustor shall require tha# aI� tenants, su�tenan�s, undersubtenants and other occupants of the
<br /> Premises to use and aecupy the Premises in stri�t compliance vWith the Enviranmental Laws and the terms
<br /> of this Trust Deed.
<br /> That Trustor shall and does hereby release, indemnify, agree to pay an beha�f af and ho�d
<br /> harm�ess Trustee, its off cers, directors, agents, emp�oyees, successors and assigns af, from and again��
<br /> any imp�sitions impased by any go�ernmental authority for any lien �r so-called "super priority lien"
<br /> upon the Premises, as well as al1 losses, claims, eosts, �iabiliti�es, penalties, pun�ti�e damages, causes of
<br /> action, actions, demands, damages, fines �c��i 1 Qr criminai}, pe.na�ties, expenses, clean-up �asts, attarneys'
<br /> fees and court costs, caused in wh�le or in part, regard�ess af fault, by any pas�, present ar future owner,
<br /> occu�ier, t�nants, subtenant, undersu�tenant, licen�ee, guest, ar any other person or entity, including but
<br /> not limited ta the Trustor and Trustee, vWhich may be incurred, suffered or sustained by Trustee, its
<br /> offcers, directars, successors or assigns, at any time, and fram time ta time, whether b�fare, during flr
<br /> after enforcement af its rights and r�medies hereunder after the o�currence of an Event of Default and
<br /> after payment af all sums secured hereby, by reason of�r ar�sing from, in whole or in par�:
<br /> a} the presenc� or al�eged presence af asbestos, asbestos-containing materia�s, PCB's, radon
<br /> gas, ar UFFI an the Premises;
<br /> b� any�iolation or alleged vialation af any of the terms of this Trust I]eed;
<br /> c} any�ialatian or alleged��olation of any En�iranmen�al Law; and
<br /> d} any release or contaminatian caused by any hazardaus substance on, in, under, onto, fram
<br /> or about the Premises; or
<br /> e� any �iability for personal injury, property damage or damage ta the environmen� due to
<br /> �a}, (b}, �c)or�d} aboWe("Receivable Claims"�.
<br /> That the terms of this paragraph sha11 survive the payment in fu11 of al� sums secured hereby and
<br /> the termination and sa�isfa�tion of recard of�his Trust Deed andlar a deed in �ieu of foreclasure.
<br /> That Trustor agrees that�n the e�ent Trustee shall pay any Recei�able �lairns, a11 such sums sha11
<br /> be added to the amount secured hereby, sha�� be deemed to be obligatorily advar�ced under the terms of
<br /> the Laan I]ocuments, shall be secured hereby and sha11 be payable �n demand by Trustor. The terms of
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