|
1.14 Environmental Compliance.
<br />201605317
<br />(a) Trustor will not use, generate, manufacture, produce, store, release,
<br />discharge or dispose of on, under or about the Property any Hazardous
<br />Substance (as defined herein) or allow any other person or entity to do so,
<br />except normal cleaning supplies and other materials commonly used in
<br />connection with the ownership and operation of properties similar to the
<br />Property.
<br />(b) Trustor shall keep and maintain the Property in compliance with, and
<br />shall not cause or permit the Property to be in violation of any Environmental
<br />Law (as defined herein).
<br />(c) Trustor shall give prompt written notice to Beneficiary of its knowledge
<br />of:
<br />(i) Any proceeding or inquiry by any Governmental Authority with
<br />respect to the presence of any Hazardous Substance on the Property
<br />or the migration thereof from or to other property;
<br />(ii) All claims made or threatened by any third party against Trustor
<br />or the Property relating to any loss or injury resulting from any
<br />Hazardous Substance; and
<br />(iii) Trustor's discovery of any occurrence or condition on any real
<br />property adjoining or in the vicinity of the Property that could cause
<br />the Property or any part thereof to be subject to any restrictions on
<br />the ownership, occupancy, transferability or use of the Property under
<br />any Environmental Law or be otherwise subject to any restrictions on
<br />the ownership, occupancy, transferability or use of the Property under
<br />any Environmental Law.
<br />(d) Upon written notice to Trustor, Beneficiary shall have the right to join
<br />and participate in, as a party if it so elects, any legal proceedings or actions
<br />initiated in connection with any Environmental Law and have its reasonable
<br />attorney's fees in connection therewith paid by Trustor.
<br />(e) Trustor shall protect, indemnify and hold harmless Beneficiary, its
<br />directors, officers, employees, agents, successors and assigns from and against
<br />any and all loss, damage, cost, expense or liability (including attorney's fees and
<br />costs) directly or indirectly arising out of or attributable to the use, generation,
<br />manufacture, production, storage, release, threatened release, discharge,
<br />disposal, or presence of a Hazardous Substance on, under or about the
<br />Property, including without limitation, (i) all foreseeable consequential damages;
<br />and (ii) the costs of any required or necessary repair, cleanup or detoxification
<br />of the Property and the preparation and implementation of any closure,
<br />remedial or other required plans, except with respect to the gross negligence or
<br />willful misconduct of the Beneficiary, or its members, directors, officers,
<br />employees, agents, successors and assigns. This indemnity shall survive the
<br />reconveyance of the lien of this Deed of Trust, or the extinguishment of the lien
<br />
|