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<br /> �b� except with Beneficiary's pri�r writ�en consent (no� to be unreasonably withheld,
<br /> conditioned, or de�ayed�,nat to remave or demolish�he Trus�Property,nor ma�erially a�ter,res�ore or add
<br /> to �he Trust Praperty, nor initiate or acquiesce �n any change in any zoning or ather Iand classificat�an
<br /> which affec�s�he Trust Property;
<br /> �c� t� restore promptly and in good vvarkman�ike manner a.ny portzon af the Trus� Froperty
<br /> which may be damaged ar destr�yed, un�ess Beneficiary requires �hat all of the insurance proceeds be
<br /> used to reduce the Secured�bligations as provided in the Section hereof entitied Dama es,_Insurance ar�d
<br /> �andemnation Proceeds;
<br /> (d} to comply with and not to suffer violation of any or a11 of the following�vhich govern a�ts ar
<br /> conditions an, or o�herwise aff�c� the Trust Property: �i}1aws, ardinances, regulations, standards and
<br /> j udicia� and administrative ru�es ar�d orders; [ii�Covenant5, condi�ions, restricti�ns and equitable
<br /> servitudes, whether public or private; ar�d �i�i�r�quirements of insuran.ce companies and any bureau or
<br /> agency which estab�ishes standards of insurabili�y;
<br /> �e� nat�o comm�t ar permit was�e of the Trust Property; and
<br /> �f� to do a11 other acts which from�he chara�ter or use of the Trust Property may be reasonab�y
<br /> necessary t�maintain and preserve its�alue.
<br /> 3.9 Hazardous Substances• En�ironmental Pr�visions. Trustor represents and warrants ta
<br /> Benefic�ary as follows:
<br /> �a} E�cept as disclosed ta Beneficiary in writing prior t� the date hereof, the Trust Property is
<br /> not and has not been a site far the use, generation, manufacture, storage, treatmen�, disposa�, re�ease or
<br /> threatened re�ease, transpartat�an or presence af any suhstances which �re "hazardous 5ub5tance5,�'
<br /> "hazardous wastes," "hazardaus ma�erials" or "toxic substances" under the Hazard�us Materia�s Laws, as
<br /> defined below, andlor other applicable environmental laws, ordinances and regu�atinns �col�ecti�ely, the
<br /> "Hazardous Materials"�.
<br /> �b� The Trust Property is in compliance with all laws, ordinances and regu�ations relating ta
<br /> Hazardaus Materials �collectively, the "Hazardous Materials Laws"}, includ�ng without limitatian, th�
<br /> �lean Air Act,the F�deral�]Vater Pollution Control Act,the Federa�Resource Conservation and Recavery
<br /> Act of 1976, the �omprehens��e Environmental Response, �ompensation and Liability Ac� of 198�, the
<br /> Superfund Amendments and Reauthorization Act of 1986, the Federal Toxic Subs�ances �ontrol Act and
<br /> the �ccupational Safety and Heal�h Act, as any of the same may he amended, mod�f�ed�r supplemented
<br /> from time to tim�, and any ��her appli�ab�e federal, state or local environmental laws, and any rules or
<br /> regu�atians adop��d pursuant�fl any of the for�g�ing.
<br /> �c� There are no claims or act�ons p�nding or threatened against Trustor or the Trust Property by
<br /> any governmental ent�ty�r agency, or any other person or enti�y, rela�ing t� any Ha2ardous Materia�s or
<br /> pursuant t�any Hazardous Materia�s Laws.
<br /> �d} Trus�or herehy agrees to d�fend, indemnify and hold harmless B�neficiary, �ts d�rectors,
<br /> officers, emplayees, ag�nts, suc�essars and assigns, from and against any and al� ��sses, damages,
<br /> liabiiit�es, c�aims, actions, judgments, cour� cos�s and legal or other expenses �including without
<br /> limitatian, attorn�ys' fees and expenses� which Beneficiary may incur as a direct or indir�ct consequence
<br /> �f the use, generation, manufacture, storage, treatment, disposal, release �r threatened release,
<br /> transportation or presence of Haza.rdous Materials in, an, under or about the Trust Property. Trustnr shall
<br /> pay to B�neficiary immedia�ely up�n demand any am�unts owing under this �ndemnity, together with
<br /> interest fram the date�f demand un�ii paid in fu11 a� the highes�rate of in�erest applicable�o any Secured
<br /> �bligation. TRUST�R'S DUTY AND �BLI�ATI�N T� DEFEND, INDEMNIFY AND H�LD
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