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200102453 <br />environmental assessment or similar investigation) or will hereafter otherwise be allowed on the <br />mortgaged premises or any adjacent parcels thereto in such a manner which has caused or will <br />cause, or which has increased or will increase the likelihood of causing, the release of such <br />substances onto the mortgaged premises or any adjacent parcels thereto. Said Trustor agrees to <br />provide the said Beneficiary, copies of the following immediately upon receipt of any <br />correspondence, notice, pleading, citation, complaint, order, decree or other documents from any <br />source (public entity or private actual or potential litigant) asserting or alleging a circumstance or <br />condition in violation of any federal, state or local environmental law, statute or regulation or the <br />common law of any state pertaining to the use or condition of real property. Said Trustor shall <br />protect, defend, indemnify and hold said Beneficiary harmless from and against all loss, cost <br />(including attorneys' fees), liability, damage, claim or obligation, whenever asserted or brought, <br />known or unknown, (i) arising in connection with or resulting from any breach of warranty, <br />misrepresentation or nonfulfillment of any agreement by said Trustor herein, (ii) based upon or <br />otherwise resulting from an alleged or claimed violation (exclusive of any violations arising from <br />activities conducted on the mortgaged premises prior to the date of said Trustor's acquisition of <br />the mortgaged premises) of any federal, state or local environmental law, regulation or ordinance, <br />or common law of any state, including but not limited to any tort claims, that pertain or relate in <br />any respect or manner to the mortgaged premises, incurred by said Beneficiary by reason of any <br />violation of any applicable statute or regulation (whether such liability is to a private party or any <br />government unit, state or federal), or (iii) by reason of the imposition of any governmental lien <br />for the recovery of environmental cleanup costs expended by reason of such violation, without <br />regard to fault on the part of the said Trustor. This indemnity shall survive the termination of <br />said Trustor's indebtedness to said Beneficiary and shall continue thereafter so long as said <br />Beneficiary is subject to any possible claim or threatened, pending or completed action, suit, or <br />proceeding, whether civil, criminal or investigative, by a Federal, State or other governmental <br />body or private party or parties, regarding the health, industrial hygiene, occupational or the <br />environmental conditions on, under or about the mortgaged premises. <br />And the Trustor will pay all taxes and assessments on said premises immediately when they <br />become due and payable; and at the request of the legal holder of said Deed of Trust Note will keep <br />all buildings, fixtures and other improvements, including, without limitation all irrigation <br />equipment that may at any time be on said premises, during the continuance of said indebtedness, <br />insured against loss by fire, lightning and windstorm in such company or companies and for such <br />amounts as the holder of said Deed of Trust Note may from time to time direct, not to exceed the <br />amount of said indebtedness, except at the option of Trustor, with loss, if any, payable to the <br />Beneficiary hereunder as its interest may appear, and will deliver the policy or policies of insurance, <br />accompanied by premium receipts to the Beneficiary hereunder, as further security for the <br />indebtedness aforesaid. And in case of the refusal or neglect of Trustor to thus insure and deliver <br />such policies of insurance or to pay such taxes or assessments, then the holder of said Deed of Trust <br />Note may procure such insurance, or pay such taxes or assessments, and all moneys thus paid, with <br />interest thereon at 16 percent per annum, shall become so much additional indebtedness, secured by <br />this Deed of Trust, and shall be paid out of the proceeds of the sale of the lands and premises <br />aforesaid, if not otherwise paid by said Trustor. <br />Each party to this Trust Deed requests that a copy of any notice of default and a copy of any notice <br />-4- <br />