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<br />j' 26. Environmental Indemnifications. Trustor hereby agrees to
<br />1 indemnify and hold Beneficiary and Trustee (which, as used in this
<br />section, shall collectively mean the Beneficiary and the Trustee
<br />described herein, together with Beneficiary's and Trustee's
<br />officers, employees, directors, agents and representatives,-and any
<br />persons or entities owned or controlled by or affiliated with such
<br />Beneficiary or Trustee) harmless from and against, and to reimburse
<br />Beneficiary and Trustee with respect to, any and all claims,
<br />demands, causes of action, loss, damage=, liabilities, costs and
<br />.expenses (including attorneys' fees a d caurt costs) of any and
<br />every kind or character, known or unknowni..fixad or contingent,
<br />asserted.against or incurred by Beneficir 2systee at any time
<br />and, from: `time to time, by reason of, arlping out of:
<br />(aft) the ,breams of an. representatidjm,:. Warranty or
<br />r..oVena�it` +cf Tru. st�:..i£rt1a 1it section 25 eve: or
<br />(b) srra':of tiitsor to. perE any
<br />i
<br />on bb . ` ixr .to tie-'P' erforritd vstor; or
<br />Lr of Trustot, a`.: i': r' any obligatici#' `;� ,:`• ;
<br />+ft!.ustor under nT,.. App1# ,able Enviro=i§At A1-;: V or pursuant to ark ,
<br />isr or. an�urid*t�in which has :Keen issues- `;'i#i�rc authority provided
<br />:07 :any Ainilicable Environmental Law; or
<br />(d) any violation of•.any ApplicabT�i Environmental Law
<br />wising out of any act,,'..':'-omission, event or circumstance existing or
<br />ar,: urging on the ' Trust Property or any part tt' iereof ( including, but
<br />drat limited to, the presence on the Trust Property, or release or
<br />di.scharge from the Trust Property, of hazardarls substances, :olid
<br />wastes, contaminants or.other'substances whi& are hazardous'. to
<br />health or environment, including, but not li =ted to, radon gas,
<br />asbestos or formaldehyde insulation disposed of, discharged or
<br />otherwise released prior to the Release Dateij, regardless of
<br />whether the act, omission, event or circumstance constituted a
<br />violation of any Applicable Environmental Law at the time of its
<br />existence or occurrence.
<br />The provisions of this section shall survive the date of
<br />surrender of this Deed of Trust and reconvepaalce of the Trust
<br />Pmperty and shall continue thkezeafter , in fi2.l force and' effect.
<br />rustor's obligation under tY,i 'secticsn to indemnify 4o. d, A
<br />Beneficiary and. Trustee ha a.Less shall be fully hle 'and
<br />cchtrolling, regardless of whetJler or not an.y such elain!i,, '6amands,
<br />Q11uses of action:, loss, damage„ liabilities, costs or expfsa as are
<br />oir were caused, in part, by any neglic ant act or omission c-f
<br />Beneficiary or Trustee.
<br />In furtherance of the purposes of "this secticn, Beneficiary
<br />shall have the right, at any time, at its option and in its sole
<br />discretion, to require Trustor to obtain and maintain environmental
<br />risk insurance, if and when such insurance is avaiLable, naming
<br />Beneficiary as an additional insured. Beneficiary ziall have right
<br />of approval of the insurance company providing such coverage and
<br />all terms and conditions of the. insurance policy.
<br />27. Additional Environmental provisions.
<br />(a) Notwithstanding anything to the contrary contained
<br />in this Deed of Trust or any of the Loan Instruments, in the event
<br />that any of the Personal Property, excluding therefrom any and all
<br />fixtures deemed to be a part of the real estate, contains or has
<br />been contaminated by or releases or discharges any solid waste,
<br />hazardous substance, or contaminant, the lien and security interest
<br />of this Deed of Trust shall not attach to such Personal Property.
<br />(b) Nothing contained in this Deed of Trust shall limit
<br />or be construed to limit the personal liability and obligations of
<br />Trustor under the Environmental Indemnifications of section 26
<br />above; it being intended hereby that Trustor shall be personally
<br />liable and obligated hereunder for the full payment and performance
<br />of its indebtedness and obligations arising under such section,
<br />whether such indebtedness and obligations arise before or after the
<br />L surrender of this Deed of Trust by Trustee, and that Beneficiary
<br />shall not be limited in any way in enforcing such personal
<br />liability and obligations of Trustor.
<br />(c) Trustor shall conduct and complete all
<br />0: \LOAIIDOC \HEALTH. DOT
<br />April ,lb; 1989 14
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