by foreclosure or action in lieu thereof, and this covenant shall survive such
<br />reconveyance or extinguishment.
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<br />201605317
<br />(f) In the event that any investigation, site monitoring, containment,
<br />cleanup, removal, restoration or other remedial work of any kind or nature (the
<br />"Remedial Work ") is reasonably necessary or desirable under any applicable
<br />local, state or federal law or regulation, any judicial order, or by any
<br />governmental or nongovernmental entity or person because of, or in connection
<br />with, the current or future presence, suspected presence, release or suspected
<br />release of a Hazardous Substance in or into the air, soil, groundwater, surface
<br />water or soil vapor at, on, about, under or within the Property (or any portion
<br />thereof), Trustor shall within 30 days after a written demand for performance
<br />thereof by Beneficiary or such shorter period of time as may be required under
<br />any applicable law, regulation, order or agreement, commence to perform, or
<br />cause to be commenced, and thereafter diligently prosecuted to completion, all
<br />such Remedial Work. All Remedial Work shall be performed by one or more
<br />contractors, approved in advance in writing by Beneficiary, which approval
<br />shall not be unreasonably withheld, and under the supervision of a consulting
<br />engineer approved in advance in writing by Beneficiary, which approval shall
<br />not be unreasonably withheld or delayed. All costs and expenses of such
<br />Remedial Work shall be paid by Trustor including, without limitation, the
<br />charges of such contractor and /or the consulting engineer, and Beneficiary's
<br />reasonable attorney's fees and costs incurred in connection with monitoring or
<br />review of such Remedial Work. In the event Trustor shall fail to timely
<br />commence, or cause to be commenced, or fail to diligently prosecute to
<br />completion, such Remedial Work, Beneficiary may, but shall not be required to,
<br />cause such Remedial Work to be performed and all reasonable and necessary
<br />costs and expenses thereof, or incurred in connection therewith, shall become
<br />part of the indebtedness secured hereby.
<br />(g) After five (5) days prior written notice to Trustor, Beneficiary is
<br />authorized by itself, its agents, employees or workmen to enter at any
<br />reasonable time upon any part of the Property for the purposes of inspecting
<br />the same for Hazardous Substances and Trustor's compliance with this section
<br />1.16 and such inspections may include, without limitation, soil borings if
<br />Beneficiary in good faith reasonably suspects non - compliance; provided,
<br />however, that such inspections shall not materially interfere with Trustor's
<br />operations on the Property. Trustor agrees to pay to Beneficiary, upon
<br />Beneficiary's demand, all reasonable expenses, costs or other amounts incurred
<br />by Beneficiary in performing any inspection for the purposes set forth in this
<br />subsection (g) and Beneficiary has obtained Trustor's consent prior to incurring
<br />the same, which consent will not be unreasonably withheld.
<br />"Environmental Laws" shall mean any federal, state or local law, statute,
<br />ordinance, or regulation pertaining to health, industrial hygiene, or the environmental
<br />conditions on, under or about the Property, including without limitation, the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980
<br />( "CERCLA "), as amended, 42 USC §§ 9601 et. seq. and the Resource Conservation and
<br />Recovery Act of 1976 ( "RCRA ") 42 USC §§ 6901 et. seq.
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