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' 2� 17�2� 15
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<br /> �c� There are n�claims or ac�ions pending or threa�er�e�i against Trustor or�he Trust Praperty by
<br /> any governmen�a� entity or agency, or any �ther persan or entity, rela�ing ta any Hazardous Ma�erials �r
<br /> pursuant to axly Hazard�us Materials Laws.
<br /> �d� Trustor hereby agre�s �o defend, indemnify and hold harmless Beneficiary, its directors,
<br /> off cers, employees, agen�s, successars and assigns, fram and against any and al� �osses, damages,
<br /> 1�abilit�es, claims, actinns, j udgments, c�urt c�sts and lega� ar ��her expenses �including without
<br /> limi�ation, a�tarneys' fe�s and exp�nses} which Beneficiary may incur as a direct or indirect consequenc�
<br /> of the use, generation, manufacture, starage, treatment, disposal, re��ase nr threatened release,
<br /> �ranspor�ation or presence af Hazardous Materials�n,on,under nr about the Trust Proper�y. Trustor shall
<br /> pay to Beneficiary i.rr�rnediately upan demand any am�unts owing under this i.ndemnity, together with
<br /> in�erest from the date of demand until paid in ful� at th�highest rate of interest applicab�e ta any Secur�d
<br /> �bligation. TRUST�R'S DUTY AND �BLI�ATI4N T� DEFEND, INDEMNIFY AND H�LD
<br /> LE S S B ENEF I�IARY S HALL SURV NE THE CAN�ELLATI�N �F THE S ECURED
<br /> �BLI�ATI�NS AND THE RELEASE, REC�NVEYAN�E �R PARTIAL RE��NVEYAN�E �F
<br /> THIS DEED�F TRUST.
<br /> �e} Trustor shal� advise Beneficiary zn vvriting wi�hin ten�14} days of Trus�or's discovery of any
<br /> occurren�e or condition on the Trust Property ar on any real proper�y adj oining or in the vicini�y �f the
<br /> Trust Property that does or�ould cause all ar any part of the Trust Pr�perty to be contaminated with any
<br /> Hazardaus Ma�erials or atherwise be iri vialat�on of any Hazardaus Materials Laws, or cau�e the Trust
<br /> Froperty to be subj ect ta any restrictions on the ownersh�p,occupancy,transferabili�y or use thereof under
<br /> any Hazard�us Materials Laws.
<br /> 3.1� Prot�ction af Security. Trustar shall, at Trustor's sole expense: �a�protect, preser�e and
<br /> defend the Trust Property and Trustor's title and righ� to pnssession �f the Trus� Pr�perty against all
<br /> ad�erse claims; �b}if Trus�nr's interest xn the Trust Property is a l�asehald interest �r estate, pay and
<br /> perform in a timely mar�ner alI obl�gations to be paid andlar performed by the lessee or tenant under the
<br /> lease or �ther agreement creat�ng such �easehold interest or estate; and (c�protect, preserve and defend
<br /> the security of�his Deed of Trust and the rights and pawers of Beneficiary and Trustee under this Deed of
<br /> Trust against a�l ad�erse claims. Trustor sha�l give Beneficiary and Trustee prompt notice in writing �f
<br /> the assertion of any claim, the f�ling of any a�tion or proceeding, ar the occurrence of any mat�r�al
<br /> damage, condemnation offer or ��her act�on r��ating to ar affect}ng the Trust Praperty and, if Trus�ar's
<br /> interest in the Trust Praper�y is a leasehold interest or esta�e, of a.ny notice of default ar demand for
<br /> performance under the lease or other agr��ment pursuant to which such leaseha�d interest ar estate was
<br /> �reated ar ex�sts.
<br /> 3.1� Acce�tance of Trust; Powers and Du�ies of Trust�e. Truste� accepts this trust �rhen this
<br /> Deed of Trust �s executed. From time �o time, upon writ�en request af Beneficiaxy and, to the exten�
<br /> required by app�icable 1aw presentation of�his Deed of Trus� fflr endorsement, and without affecting the
<br /> personal �iability of any person for payment of any indeb�edness or performance of any of the Secured
<br /> �bligations, Beneficiary, or Trustee at Beneficiary's dire�t�on, may, without ohligati�n to do so or
<br /> liabil��y therefar and withaut n�tice: �a}recon�ey all ar any part af the Trust ProperCy from the lien of
<br /> this Deed�f Trust; (b�cansent to the making af any map or plat of the Trust Proper�y; and(c}j ain in any
<br /> grant af easem�n.t or dec�aratian of cavenan�s and restrictions with respect ta the Trust Property, or any
<br /> ext�nsion agreement or any agreement subordinating the lien ar charge of this Deed of Trust. Trustee or
<br /> Beneficiary may from time to time apply t� any caurt of comp�tent jurisdiction for aid and dir�ction in
<br /> th� execu��on �f�he trusts and the enforcement of its rights and remedies available under this D�ed af
<br /> Trust, and may abta�n orders or decrees direc�ing, conf'irming or approving acts in the executian of said
<br /> �rusts and the enf�rcem�n� of sa�d r�ght� and remedies. Trustee has na flbliga�i�n to notify any party of
<br /> any pending saie or any a�tion or proceeding (includ�ng, but nat Iim�ted �o, actions in which Trus�or,
<br /> Beneficiary ar Trustee shall be a par�y} unless held or comrnenced and maintained by Trus�ee und�r this
<br /> Deed of Trust. Trustee shaxl not be obligated �o perf�rm any act required af it under this I]eed of Trust
<br /> _6_
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