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201901347
<br />incurred and sums expended by Beneficiary in connection with the exercise by Beneficiary of the
<br />foregoing rights, together with interest thereon at the default rate provided in the Note, which
<br />shall be added to the indebtedness secured hereby. Beneficiary shall not incur any liability
<br />because of anything Beneficiary may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor represents and warrants to Beneficiary that:
<br />Neither Trustor nor any tenant, contractor, agent, or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on,
<br />under, about, or from the Property except in compliance with all applicable federal, state, and
<br />local alws, regulations, and ordinances, including without limitation all Environmental Laws.
<br />Trustor authorizes Beneficiary and its agents to enter upon the Property to make such
<br />inspections and tests as Beneficiary may deem appropriate to determine compliance of the
<br />Property with this Section 9 of the Deed of Trust. Any inspections or tests made by Beneficiary
<br />shall be for Beneficiary's purposes only and shall not be construed to create any responsibility or
<br />liability on the part of Beneficiary to Trustor or to any other person.
<br />The representations and warranties contained herein are based on Trustor's due diligence
<br />in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives
<br />any future claims against Beneficiary for indemnity or contribution in the event Trustor becomes
<br />liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and
<br />hold harmless Beneficiary against any and all claims, losses, liabilities, damages, penalties, and
<br />expenses which Beneficiary may directly or indirectly sustain or suffer resulting from a breach of
<br />this Section 9 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 or interest
<br />in the Property, whether or not the same was or should have been known to Trustor. The
<br />provisions of this Section 9 of the Deed of Trust, including the obligation to indemnify and
<br />defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of
<br />the lien of this Deed of Trust and shall not be affected by Beneficiary acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />10. Assignment of Rents. Trustor hereby assigns to Beneficiary the rents, issues and
<br />profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default
<br />hereunder, have the right to collect and retain such rents, issues and profits as they become due
<br />and payable. Upon the occurrence of an Event of Default, Beneficiary may, either in person or
<br />by agent, with or without bringing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of Beneficiary's security, enter upon and take
<br />possession of the Property, or any part thereof, in Beneficiary's own name or in the name of the
<br />Trustee, and do any acts which Beneficiary deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or any part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof and, with or without taking possession of the
<br />Property, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br />may determine. The entering upon and taking possession of the Property, the collection of such
<br />rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any
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