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a �
<br /> 2� 17�2� 17 ;
<br /> t� the Tru�t Proper�y, n�r initiate or acquiesce in any �hange in any zoning �r other �and classif�cation
<br /> which affects�he Trust Prop er�y;
<br /> (c� to restore promptly a.nd in good workmanlike ma.nner any portion of the Trust Property
<br /> which may be damaged or destroyed, ux�ess Beneficiary requires that all of the insurance pr�ceeds be
<br /> used to reduce the Secured�bligations as provi�ed in the Sec�inn hereof enti�Ied Dama�es; Insurance and
<br /> �ondernnation Proceeds;
<br /> (d� to c�mp�y with and not�o suffer�iolation of any or aIl of the fallo�ving which ga��rn acts or
<br /> �onditions on, ar atherv�ise affec� th� Trust Prop�rty: �i�laws, ordinances, reguiations, standards and
<br /> judicial and administrat�ve ru�es and orders; �i�)covenants, condi�ians, restricti�ns and equitab�e
<br /> servi�udes, whether pub�ic or pr�vate; and (�ii}requirements of insurance companies and any bureau ar
<br /> agen�y vvhich establishes s�andards of insurabili�y;
<br /> (e} not to camrni��r permit waste af the Trust Prop�rty; and
<br />� �� �o do all other acts which from the character or use of the Trus� Property may be reasonab�y
<br />�
<br /> necessary�o main�ain and preser`re its value.
<br /> 3.9 Hazardous Substances; En�ironmental Provisions. Trustor repres�nts and warrants �o
<br /> ,
<br /> Beneficiary as fo�lnws:
<br /> �a} Except as d�sclosed to Ben�ficiary in wri�ing prior ta �he dat� hereof, �he Trust Property is
<br /> not and has no� been a si�e for �he use, generation, manufacture, storage, trea�m�nt, d�sposal, release or
<br /> threatened release, transp�rta��on or presence of any su�stances which are "hazardous substanGes,"
<br /> "hazardous wastes," "hazard�us ma�erials" or "t�xic substances" und�r the Hazardous Materials Laws, as
<br /> defined below, andlar other applicabl� env�ronmental la�vs, ordinances and regulations (co�lect�vely, the
<br /> "Hazar�ous Materials"}.
<br /> �b} The Trust Property is �n compliance wi�h aIl laws, ordinances and regulations re�ating to
<br /> Hazardaus Materials �col�ec�ively, the "Hazardaus Materials Laws'"�, including wi�h�ut limitation, the
<br /> �lean Air Act,the Federa�Water Pollution Contral Act,the Federal R�source Conser�atian and Recovery
<br /> Ac� of 197�, the �omprehens�ve Env�ronmen�al Resp�nse, Compensation and Liability Act of 195�, the
<br /> Superfund Amendments and Reauthorizatian Act of 1986, the Federal Toxic Substances Contro�Ac� and
<br /> �he �ccupational Safety and Health Act, as any of�he same may be amended, mod�f�ed or supplemented
<br /> from time to t�me, and any ather app�i�ahle federal, state or l�cal env�ronmental laws, and any rules or
<br /> regula�ions adopted pursuant�o any of the foregoing.
<br /> �c} There are no claims ar actions pending or�hreatened against Trustar or the Trust Pr�perty by
<br /> any go�ernmenta� entity�r ag�ncy, or any other person or �nti�y, relating to any Hazardaus Materials nr
<br /> pursuant to any Hazardous Materials Laws.
<br /> �d} Trustor her�by agrees to defend, �ndemnify and h��d harmless Beneficiary, its direct�rs,
<br /> off�cers, employees, agents, successors and assigns, from and against any and a�l l�sses, dama�es,
<br /> �iabilities, claims, actions, judgments, court �osts and l�gal or ather expenses �including without
<br /> �im�ta�ion, attorneys' fees and expenses} whi�h Beneficiary may incur as a direct ar ind�rec� consequence
<br /> �f the use, generation, manufacture, storage, trea�ment, d�sposa�, release ar threatened release,
<br /> transportation or presence of Hazardous Materials in, an,under or about the Trust Property. Trustor shal�
<br /> pay to Beneficiary imme�iia�ely upon deman� any amounts awing under this indemnity, together with
<br /> anterest fram th�date of demand until paid in full a�the highest rate of interes� app�i�ab�e ta any Secured
<br /> �biiga���n. TRUST�R'S DUTY .AND �BLI�ATI�N T� I�EFEND, INDEMNIFY AND H�LD
<br /> LE S 5 B ENEF I�IARY S HALL SURV IV E THE CANCELLATI�N �F THE S ECURED
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