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105092 Property, or used in the construction of the Mortgaged. Property# which have caused or which may cause any Investigation by, any agency or instrumentality of government, iacludisO the ROVIVO mental Protection Agency (QEP-A') , . and- the• presence, of which- may be in violation of any law or regulation Of may local, state or federal government or' which .mtg_!_,�- -- -- 6r—BOA TM—the u adt-8---Of the Mortgaged Property or other persons in the area. Trustor hereby indemnifies a _...._.. .. - rgYes to save Beneficiary h�rmrYess against any and all loss, damages and costs, including- reasonable attorneys' fees and expenses which Holder may hereafter suffer,. _ incur, or lay out, by reason of any liability arising out of environmental laws, claims, or proceedings due to the activities of Trustor. Ois indemnification shall extend to any liability Holder may suffer or incur in connection with any toxic waste clean up ordered - by.. any governmental. agency or court. Trustor furthot 4grees -�`to indeftify and hold. harmless Holder from and, against .- anyr Clain* liability, expenses or cause of action arising out of Trustor•s ownership of the Mortgaged Property, Trustor's use and occupancy of the improvements ;. located thereon, and the mortgaging of the Mortgaged Property ` hereunder. 2.3 Trustor hereby .(i) ' makes and reaffirms all warranties ' and representations made in the Loan Agreement and all the Loam Documents, and (ii) Covenants to perform or satisfy all. covenants and agreements .set forth in the Loan Agreesent and all of the other Loan Documents, including, without limitation, the agreements regarding the Losses set forth in Article VXI of ; tht Loan Agreement. 2.4 in the event that any lien or security interest shall ever exist or be created which is on a parity with, superior to, or subordinate to, the liens and security interests created hereby, Trustor warrants that no default or event of default has occurred or will occur under any instrument or agreement creating or giving rise to such lien or security interest, and covenants that Trustor will timely perform or cause to be performed all covenants, agreements and obligations required to be performs¢ under or pursuant to the terms of any such instrument or agreement. Trustor covenants that no such liens or security interests shall exist or be created, not shall any other or additional indebtedness be created and secured thereby, without the express written consent of Holder (which consent may be withheld with or without cause, except as =_ otherwise provided in the Security Agreement with respect to certain itan of personal, property). !Nothing in this Section 2.4 shol,1 be construed to authorise, either impliedly or espratssly, the creation or existence of any lien or security interest contrary to any warranty of title or . covenant W is t _ w 1 �t