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r 89---t 106516 6. PRESERVATION AND MAINTENANCE OF PROPERTY: LEASEHOLDS: CONDOMINIUMS:S: PLAIMAD — IMIT DEVELOPMENTS. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declarations or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part hereof. 7. COMPLIANCE WITH LAWS: HAZARDOUS MATERIALS. Trustor represents and warrants that (i) no hazardous waste, toxic substance, asbestos and /or formaldehyde insulation has been or is stored, treated, disposed of or incorporated into, on or around the Subject Property, and no underground storage tanks exist on the Land: (ii) the Subject Property is in compliance with all applicable statutes and regulations, including environmental, health and safety regmirements; (iii) any business currently or.heretofore operated on the Land has disposed of its waste in accordance with all applicable statutes, ordinancec� and regulations: (iv) Trustor has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Property or any alleged violation of environmental health or g3 ---.g - t.$tL't°.°., r^.3"$i:: «33.^.� or rag�aiutiviao; uiari i'v) all g Eiluucia�dl permits required to operate whatever business is operated or contemplated on the Land are or will be in full force and effect and no condition exists which might threaten the validity of such permits. Trustor agrees to defend, indemnify, and hold Beneficiary harmless, without prejudice to or limitation upon any of Beneficiary's additional rights or remedies granted pursuant to this Deed of Trust or pursuant to the Loam Documents, against any and all costs, damages, or losses arising. from or related to the breach of warranty or covenant in this Paragraph 7, whether prior to or following the repayment of the Note or.,prior to or following the "foreclosure of. or Trustee's sale render t4i's Deed of Trust or other security for this Note,.` and, for any lien imposed against the Subject Property or any portion thereof to secure the payment of any costs relating to the removal of hazardous wastes and /or any resulting restoration of the Subject Property. This indemnification shall be secured by this Feed of Trust, but at Beneficiary's option only to the extent 'not extinguished by a Trustee's sale hereunder, and shall survive any foreclosure of or Trustee's sale under this Deed.:.of Trust and shall at Beneficiary's option not be included in any debt, which is statutorily extinguished in connection therewith. At Beneficiary's option, the Note shall become immediately due and payable in the event any lien is imposed against the subject Property or any portion thereof as a result of the actual or alleged presence on the Subject Property of and hazardous materials, and Trustor shall be liable to the holder of the Note for the payment and removal of such lien whether prior to or following the foreclosure of or Trustee's sale under this Deed of Trust. 8. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. 4 L