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<br />any such activity shall be conducted in compliance with all applicable federal, state,
<br />and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests, at Trustor's expense, as Lender may
<br />deem appropriate to determine compliance of the Property with this section of the Deed
<br />of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only
<br />and shall not be construed to create any responsibility or liability on the part of Lender
<br />to Trustor or to any person. The representations and warranties contained herein are
<br />based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender
<br />for indemnity or contribution in the event Trustor becomes liable for cleanup or other
<br />costs under any such laws; and (2) agrees to indemnify and hold harmless Lender
<br />against any and all claims, losses, liabilities, damages, penalties, and expenses which
<br />Lender may directly or indirectly sustain or suffer resulting from a breach of this section
<br />of the Deed of Trust or as a consequence of any use, generation, manufacture,
<br />storage, disposal, release or threatened release occurring prior to Trustor's ownership
<br />or interest in the Property, whether or not the same was or should have been known
<br />to Trustor. The provisions of this section of the Deed of Trust, including the obligation
<br />to indemnify, shall survive the payment of the indebtedness and the satisfaction and
<br />reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's
<br />acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct, or permit any nuisance nor
<br />commit, permit, or suffer any stripping of or waste on or to the Property or any portion
<br />of the Property. Without limiting the generality of the foregoing, Trustor will not
<br />remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coat, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any improvements
<br />from the Real Property without Lender's prior written consent. As a condition to the
<br />removal of any improvements, Lender may require Trustor to make arrangements
<br />satisfactory to Lender to replace such improvements with improvements of at least
<br />equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter
<br />upon the Real Property at all reasonable times to attend to Lender's interests and to
<br />inspect the Real Property for purposes of Trustor's compliance with terms and
<br />conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all
<br />laws, ordinances, and regulations, now or hereafter in effect, of all governmental
<br />authorities applicable to the use or occupancy of the Property, including without
<br />limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance or regulation and withhold compliance during any proceeding,
<br />including appropriate appeals, so long as Trustor has notified Lender in writing prior to
<br />doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property.
<br />Trustor shall do all other acts, in addition to those acts set forth above in this section,
<br />which from the character and use of the Property are reasonably necessary to protect
<br />and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and
<br />payable all sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior
<br />written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale
<br />or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment
<br />sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3)
<br />years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in and to any
<br />land trust holding title to the Real Property, or by any other method of conveyance of Real Property
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