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200103013
<br />or permitted and Trustor will not hereafter cause or permit (i) the use of the mortgaged premises
<br />for any of (a) a sanitary land fill, (b) a dump, or (c) disposal of waste, oil or petroleum
<br />hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local
<br />environmental law, statute or regulation of any kind, (ii) the deposit or location in, under or
<br />upon the mortgaged premises or any adjacent parcels thereto of any such waste, oil, pesticides,
<br />substances or materials in violation of any applicable federal, state or local environmental law,
<br />statute or regulation, or (iii) the contamination by any such waste, oil or petroleum
<br />hydrocarbons, pesticides, substances or materials of any part of the mortgaged premises or any
<br />adjacent parcels thereto, including ground water located thereon. All toxic or hazardous
<br />substances or materials, or oil or petroleum hydrocarbons as defined in any federal, state or local
<br />environmental law, statute or regulation, which have been or may be used by any person for any
<br />purpose upon the mortgaged premises have been and shall be used or stored thereon only in a
<br />safe, approved manner, in accordance with all industrial standards and all laws, regulations and
<br />requirements for such storage promulgated by any governmental authority. The mortgaged
<br />premises has not been and will not hereafter be,used for the purpose of storing such substances
<br />for any use other than normal business operations and no such storage or use has been or will
<br />hereafter otherwise be allowed on the mortgaged premises or any adjacent parcels thereto in
<br />such a manner which has caused or will cause, or which has increased or will increase the
<br />likelihood of causing, the release of such substances onto the mortgaged premises or any
<br />adjacent parcels thereto. Trustor agrees to provide the Beneficiary copies of the following
<br />immediately upon receipt of any correspondence, notice, pleading, citation, complaint, order,
<br />decree or other documents from any source (public entity or private actual or potential litigant)
<br />asserting or alleging a circumstance or condition in violation of any federal, state or local
<br />environmental law, statute or regulation or the common law of any state pertaining to the use or
<br />condition of real property. Trustor shall protect, defend, indemnify and hold Beneficiary
<br />harmless from and against all loss, cost (including attorneys' fees), liability, damage, claim or
<br />obligation, whenever asserted or brought, known or unknown, (i) arising in connection with or
<br />resulting from any breach of warranty, misrepresentation or nonfulfillment of any agreement by
<br />Trustor herein, (ii) based upon or otherwise resulting from an alleged or claimed violation of any
<br />federal, state or local environmental law, regulation or ordinance, or common law of any state,
<br />including but not limited to any tort claims, that pertain or relate in any respect or manner to the
<br />mortgaged premises, incurred by Beneficiary by reason of any violation of any applicable statute
<br />or regulation (whether such liability is to a private party or any government unit, state or
<br />federal), or (iii) by reason of the imposition of any governmental lien for the recovery of
<br />environmental cleanup costs expended by reason of such violation, without regard to fault on the
<br />part of the Trustor. This indemnity shall survive the termination of Trustor's indebtedness to
<br />Beneficiary and shall continue thereafter so long as Beneficiary is subject to any possible claim
<br />or threatened, pending or completed action, suit, or proceeding, whether civil, criminal or
<br />investigative, by a Federal, State or other governmental body or private party or parties,
<br />regarding the health, industrial hygiene, occupational or the environmental conditions on, under
<br />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
<br />keep all buildings, fixtures and other improvements, including, without limitation all irrigation
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