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<br /> 2� 17�2� 19 �
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<br /> (b� except with Benef�ciary's prior written consent �nat to be unreasonably withheld,
<br /> conditioned, or delayed�,no�to remove or demo�ish the Trus�Property,nor materially alter,restare�r add
<br /> ta the Trust Property, nor initiate �r acquiesce in any change in any zaning or ather land classif cation
<br /> which affects the Trust Pr�per�y;
<br /> �C} t� res�ore prompt�y and in. g�od workman��ke manner any por�ion af the Trust Property
<br />, which may be damaged or destrayed, unless Benef ciary requires that a�� �f the insuran�e praceeds be
<br />�
<br /> used ta redu�e the Secured�hl�gations as provided�n the Secti�n hereaf entitled Dama es• Insurance and
<br /> Candemnation Proceeds;
<br /> �d) to c�mply vvith and not t� suffer violar�on of any or a��of the following which govern acts or
<br /> canditions on, or ath�rwise affect the Trust Property: (i}Iaw�, ord�nan�es, r�gulations, standards and
<br /> judicial and adrninistrativ� rules and orders; �ii�co�enants, Condi�ions, re��rictians and equitable ,
<br /> �
<br /> servitudes, wh�ther puhlic or private; and (iii}requirements of insurance companies and any bureau ar
<br /> agency which establishes standards of insurability;
<br /> �e� not ta commit or permit waste of the Trust Froperty; and
<br /> �� to do aIl other ac�s which fram the character or use of the Trust Property may be reasonab�y
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<br /> necessary to maintain and preserve its value.
<br /> 3.9 Hazardous Substances• Environmental Provisions. Trustor represents and warrants to
<br /> Beneficiary as follows:
<br /> �a� Except as disclosed to Ben�ficiary in�vriting prior ta �he �iate her�of, the Trust Property is
<br /> not and has n�t been a site for the use, generatian, manufacture, storage, treatmen�, disposal, release �r
<br /> threatened rel�ase, transportation or presence of any substances which are "hazardous substances,"
<br /> "hazardous wastes," "hazard�us materials" or "toxic substances" under the Hazardous Materials La`us, as
<br /> defined below, andlor other applicable environmen�al laws, ordinances and regulations �ca��ectively, �he
<br /> "Hazardous Materials"}.
<br /> (b} The Trust Proper�y is in compliance w�th all laws, �rdinan�es and regulations re�ating to
<br /> Hazardous Materials �calle�tively, the "Hazardous Materials Laws"}, including w�thout l�mitation, the
<br /> ��ean Air Act,the F�deral Water Pallutian�ontrol Act,the Federal Resource�onservation and Recovery
<br /> Act af 1976, �he Comprehensive Environmenta� Response, �ompensatian and Liability Act of 1�$�, the
<br /> Superfund Amendments and Reauthoriza�ion Act of 198�, the Federal Toxic Substances Contr�l A�t and
<br /> the �ccupa�i�na� Safety and Hea1�h Ac�, as any of the same may be amended, modified or supplemented
<br /> from time to time, and any other applicable federal, state or laca� env�r�nm�nta� laws, and ar�y rules or
<br /> regula�ions adopted pursuant to any of the foregoing.
<br /> �c} There are na claims or actions pending or threatened against Trus�ar or the Trust Property by
<br /> any g�vernmental entity or agency, or any ather person or ent��y, relat�ng to any Hazardous Materiais or
<br /> pursuant to any Hazardous Materials Laws.
<br /> �d� Trustar hereby agrees to defend, indemnify and hold harm�ess Beneficiary, 1�5 L�1r�C��rS,
<br /> officers, employees, agents, successors and ass�gns, from and against any and al� losses, damages,
<br /> liabilities, claims, actions, j udgments, court costs and legal ar �ther exp�nses �including w�thout
<br /> �imitation, attorn�ys' fees and expenses} which Benefic�ary may incur as a direct�r indirect consequence
<br /> of the use, generati�n, manufacture, starage, treatment, disposal, release ar threatened release,
<br /> transportation or presence of Hazardaus Ma�erials in,on,under or abaut the Trust Property. Trustor shall
<br /> pay to Beneficiary imrnediat��y upon demand any am�unts owing under th�s indemnity, t�gether with
<br /> interes� from�he date of demand until paid�n ful� at the highest rate of interest applicable t� any Secur�d
<br /> Qbligation. TRiJST�R'S DUTY AND �BLI�ATI�N T� I3EFEND, INDEMNIFY AND H�LD
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