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SY� '
<br />EXHIOIT A
<br />WARRANTY MD INDEMNIFICATION
<br />• ZS. (coot.)
<br />910 -10 G 00 `?
<br />(k) Truster shall tall to properly maintain and preserve the Trust Property, Including. but
<br />not I lolted to, the maintenance of the Trust Property free frown at I hazardous substances and
<br />r hazardous waste as described In Paragraph 34 below,
<br />31, Hazardous Waste. The Truster represents, warrants and covenants to 8eneflcIDry and Trustee
<br />ass followu
<br />(a) No hazardous substances or hazardous waste are presently stored or othervIto located one
<br />In or under the Trust Property, and no part of the Trust Property, Including the ground water
<br />located thereon, Is presently contaminated by any such substances or waste and no
<br />iinvestigations# inquiries, orders or other proceedings by or before any govermiental agoaq
<br />are pending or threatened respecting hazardous substances or hair does waste. for ur rl
<br />Of this Instrument, the terms "hazardous, toxic, or dangerous waste, substance oe aaterlels
<br />withln the meaning of the Federal Cosprehsnslve Environmental Response, ands
<br />Liability Act, or any other Federal, state or local statute►, law, ordinance, coda, rule.,
<br />regulation, order, or decree regulating, relating to, or Imposing I lob lllty or standaras o1
<br />conduct concerning any hazardous, toxic, or dangerous waste, substance or matorlai, as now
<br />at Anytime hereafter may be In effect. or
<br />(b) Until the Indebtedness Is paid In full, all hazardous substances or hazardous waste 03
<br />defined above), whit h may be used by any person for any purpose upon the Trust Property sfiall
<br />be used or stored thereon only In a safe, approved manner, In accordance with all Industrial
<br />I standards and all laws, regulations and requirements for such storage promulgated by any
<br />i governmental authority, and the Trust Property wlII not be used for the prIacIpeI purpose oM awn
<br />storing any such sub:larxos or waste and no such storage or use wl I I otherwise be al lowetl
<br />the Trust Property which will cause, or which will Incraaw the Ilkellhood of causing, fia
<br />release of such substances or waste on, In or under the Trust Property.
<br />. let Truster shall promptly notify Beneficiary of any event that would render any
<br />representation or warranty contained In this Paragraph 34 Incorrect In any respect. In such
<br />event. Beneficiary may require that all violations of law vlth respect thereto be corrected
<br />and that all necessary governmental permits be obtained all at Trustor0a sole expense.
<br />(d) Truster does hereby indemnify and hold Beneficiary and Trustee, their directors.
<br />officers, employees, agents and any successor or successors to their Interests In the Trust
<br />Property harmless from and against any and all losses, claims, damages, penalties,
<br />liabilities, response costs and expenses (Including all out —of- pocket litigation costs and
<br />the reasonable fees and expenses of counsel) (11 arising out of the Inaccuracy, breach or
<br />1•1Mcanp1e1eness of any representation, warranty or covenant mad* by Trust In this Paragraph 34
<br />or In any docunrnt In writing delivered concurrently herewlth, or (I1) arising out of any
<br />4I lawsuit brought or threatened, settlement reached, or governmental order relating to the
<br />presence, disposal, release, or threatened release of any hazardous substance or hazardous
<br />_I waste upon the Trust Property, or (Ill) arising out of any violation of any applicable
<br />statute or regulation for the protection of the environment which occurs upon the Trust
<br />Property; provided that, to the extent that Beneficiary or Trustee Is strictly liable under
<br />any statute or regulation, Trustor's obligations hereunder shall llkevl se be without regard
<br />to fault on the part of Truster with respect to the violation of law vhlch results in
<br />Ilablllty to Beneflcl ry or Trustee. The IodemnlfIcation herein provided by Truster shall
<br />continue In full force and effect Indefinitely and shell survive the repayment of the Note,
<br />any reconveyance of the Trust Property by Trustee, and any foreclosure (whether ,Judicially or
<br />pursuant to the power of sale granted heroin) .,r deed In lieu of forecloeexe of limo Trust
<br />Property.
<br />00094 -12
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