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-7- 200j1084 of the Lease relating to casualty and condemnation shall prevail over the terms of this Deed of Trust or the Loan Agreement with respect to the Premises. 3.6 . Construction. To notify and obtain the written approval of Beneficiary, which approval shall not be unreasonably withheld or delayed, prior to undertaking any construction or renovation on the Premises if the cost to complete such renovation or construction will exceed One Hundred Twenty -Five Thousand and 00 /100 Dollars ($125,000.00) per project; to comply with all applicable lien laws and all requirements of Beneficiary in connection therewith; and to diligently undertake, perform and complete on a timely basis and in a good and workmanlike manner any such construction approved by Beneficiary in accordance with the schedules and plans and specifications provided to Beneficiary and any other representations made to Beneficiary. Notwithstanding anything to the contrary herein (i) the covenant in this Section 3.6 shall be deemed satisfied provided Trustor, complies with the terms of the Lease regarding construction or renovation, and (ii) in the event of a conflict of terms, the terms of the Lease relating to construction or renovation shall prevail over the terms of this instrument or the Loan Agreement with respect to the Premises. 3.7 Environmental Conditions. Trustor represents and warrants to Beneficiary (a) that Trustor has no knowledge or information which would put a reasonable person on notice or cause such person to make inquiry concerning the likelihood or presence of any hazardous waste condition or any factor contributing to a risk to the environment located on or emanating from the Premises, except as otherwise disclosed to Beneficiary in writing; (b) that no environmental enforcement action(s) against or concerning the Premises are pending or threatened, except as otherwise disclosed to Beneficiary in writing, and Trustor will notify Beneficiary if any such action is commenced; (c) that Trustor will maintain and operate the Premises during the term of the Deed of Trust in compliance, in all material respects, with all applicable environmental laws of the state where the Premises are located and of the United States of America; (d) that Trustor will remedy any contamination that may be discovered on the Premises, to the extent required under the terms of the Loan Agreement; and (e) the Trustor will indemnify and hold Beneficiary harmless from and against all losses or damages arising from hazardous waste conditions or risks to the environment which will result in claims against or liability of Beneficiary as holder of this Deed of Trust or subsequent owner of the Premises. 3.8 Indemnification of Beneficiary. To indemnify Beneficiary for and hold Beneficiary harmless from and against any loss suffered or any liability, cost or expense, including without limitation, reasonable attorneys' fees, incurred by Beneficiary on account of any damage to the person or property of the parties hereto or of any third parties by reason of or in connection with the use, operation, maintenance, repair or management of the Premises, whether or not such damage is partly due to the negligence of Beneficiary, or its employees or agents, unless such damage was caused solely by the act or acts of Beneficiary or its employees or agents while on the Premises. Trustor shall undertake, at their sole expense and through counsel satisfactory to Beneficiary, the defense of Beneficiary in any lawsuit commenced as the result, or alleged to be the result, of injury LEASEHOLD DEED OF TRUST 692960.5