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2� 17��947
<br /> H s Trus�or will permit, or cause any �enant to permit, Bene�iciary or Beneficiary's agent to en�er and
<br /> inspect the Property and re�iew a�l re�ords a� any reas�nable �ime �o de�ermine �1� the existence,
<br /> location and nature of any Ha�ardaus Substance ❑n, under or about the Property; 4�} �he existence,
<br /> �a�afiion, nature, and ma�ni�ude of any Hazardous Subs�ance �ha� has been released on, under vr
<br /> a�ou� the !'roperty; or �3} whether or not Trust�r and any tenant are in complianc� wi�h applicable
<br /> En�ironmental Law,
<br /> I, Upon Beneficiary's request and at any t�me. Trus�flr agrees. at Trustor's expense, to engage a
<br /> qualified en�iranmental engineer to prepare an enWironmen�al audit �f the Property and to suhmit �he
<br /> results vf such audi� �o Beneficiary. The choice �f the en�ironmen�al engineer who will per�arm such
<br /> audit is subject to Benefiiciary's appr�vai.
<br /> J. Ben�ficiary has the r�ght, but not the obligation, fv perform any �f Trustor's obligatians under this
<br /> � se��ion a�Trus�or's expense.
<br /> K. As a consequence o� any brea�h o�f any represen�ation, warranty or promise made in this sect�on, {1�
<br /> � Trus�flr w�[� indemnify and hvld Beneficiary and Beneficiary's success�rs or assigns harml�ss from
<br /> and against a�l I�sses, c�aims, demands, liabilifiies, damages, cleanup, response and remediat�on
<br /> cos�s, penalties and expenses, including w�thout limi�a�ivn al( cosfis �f lit�gat�an and attorneys' fees,
<br /> which Beneficiary and Beneficiary's SL1GCe5S�t'S �r assigns may susta�n; and 4�} at Beneficiary's
<br /> d�scretian, Bene��c�ary may release this Deed af Trust and in return Trus�or will proWide Beneficiary
<br /> with collateral of at leas� equal �a�ue tn the Property secured by this Deed of Trust w��hout prejudice
<br /> to any of Beneficiary's rights under th�s Deed of Trust,
<br /> L. Notwithstanding any of the languag� contained in this Deed of Trust to the"contrary, the terms of
<br /> this section shall sur�iWe any �oreclosure or satisfaction of this Deed of Trus� regardless vf any
<br /> passage of title to Benefic�ary or any disposition by Beneficiary of any o� all of the Praperty. Any
<br /> claims and defenses to �he contrary are here�y wai�ed, �
<br /> �D� �DNDEN�NAT�4N. Trustor wiil g��e Beneficiary prampt no�i�e of any action, real or�hreatened, by pri�ate ❑r
<br /> pub�ic entit�es ta purchase or �ake any or all vf the Properfy, including any easements, through
<br /> condemna�inn, eminent damain, or any other means. Trusfior fur�her agrees to notify Beneficiary ❑f any
<br /> proceedings ins�itut�d for the estahlishmen� a� any sewer, wate�, conser�ativn, ditch, drainage, ar ather
<br /> dis�rict re�atin� to ar binding upon the Property or any par� of ifi, Trustor au�horizes Benef�ciary to inter�ene
<br /> in Trustor's name in any of �he abo�e described actions ❑r claims and to callect and recei�� all sums
<br /> resu�ting from the action or c�aim. Trustor assigns to Beneficiary �he proceeds of any award or c�aim for
<br /> damages cflnnec#ed with a condemnati�n �r ather �aking of all or any part Qf the Prvperty. Such proceeds
<br /> shall be considered payments and will be applied as pro�ided �n this Deed of Trus�, Th�s assignment of
<br /> proceeds is su�jeGt�❑ the te�ms of any priar security agreement.
<br /> 2'i. [NSURANCE. Trustor agrees ta ma�n�ain insurance as f�llvws;
<br /> A, Trustor shall keep the Property insured agains� loss by fire, thef� and other hazards and risks
<br /> reasonably assoc�ated with the Property due to its type and location, C]�her haza�ds and risks may
<br /> include, for example, cv�erage against loss due to flaods or floading, This insu�ance shal� be
<br /> ma�n�ained in the amounts and for the periods that Beneficiary requires, What Beneficiary requires
<br /> pursuant to the preceding three sen�ences can change du�ing the term af �he Secured Debt. The
<br /> insurance carrier pra�iding the insurance shall be chosen hy Trustor subject to Beneficiary's appro�al,
<br /> vvhich shall no� be unreasvnably withheld. �f Trustor �ails tv maintain the co�e�age described abv�e,
<br /> Beneficiary may, at Beneficia�y's vp�ion, obtain co�erage tv protect Beneficiary's rights in the
<br /> P�operty according to the �erms of th�s Deed of Trust.
<br /> Ali insurance po��cies and renewals shall be accepta�le to Beneficiary and shall include a standard
<br /> "mortgage clause" and, where app�icable, "beneficiary lass payee clause," Trustor shall immedia�ely
<br /> no�i�y Bene�iciary of �ancellation or termination af the insurance, Beneficiary shall ha�e the righ� �o
<br /> h�ld the po�icies ar�d �enewals. !� Bene#iciary �eq��r�s, Tx ustor shal� imm�diate�y g��� �� Be��f�c�ary all
<br /> receipts of paid premiums and renewa� notices, Upan �ass, Trustor sha�l gi�e immediate notice to the
<br /> �nsurance carrier and Beneficiary. Bene�iciary may make proof of lass if no� made immediately by
<br /> Trustor,
<br /> Unless Beneficiary and Trus�or o�herwise agree in wri�ing, insurance proceeds sha�� be ap�lied to
<br /> restoration or repair a�f �he F'roperty damaged �f the restora�ion or repair is economically feas�b�e and
<br /> Beneficiary's security is not lessened. If �he restaration or repair is nvt ecflnomically feasible or
<br /> Beneficiary's security would be lessened, �he �nsurance praceeds shal� be app�ied to the 5ecured
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<br /> Walters K[uwer Financial S�r�ices�1993,2�1'i Page 7 af 7 D
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