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<br />5. Maintenance# Repairs and Com liance with Laws.
<br />Borrower shall keep the Property in good condition and reps r;
<br />shall promptly repair or replace any improvement which may be
<br />damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or
<br />substantially alter any of the improvements on the Property;
<br />shall not commit, suffer or permit any act to be done in or upon
<br />the Property in violation of any law, ordinance, or regulation;
<br />and shall pay and promptly discharge at Borrower's cost and
<br />expense all liens, encumbrances and charges levied, imposed or
<br />assessed against the Property or any part thereof.
<br />6. Eminent Domain. Lender is hereby assigned all
<br />compensation, awards, damages and other payments or relief
<br />(hereinafter "Proceeds') in connection with condemnation or other
<br />taking of the Property or part thereof, or for conveyance in lieu
<br />of condemnation. Lender shall be entitled, at its option, to
<br />commence, appear in and prosecute in its own name any action Qr
<br />proceedings, and shall also be entitled to make any compresmi sc: for
<br />settlement in connection with such taking or damage. t;t the
<br />event any portion of the Property is so taken or damaged, Lender
<br />shall have the option, in its sole and absolute discretion, to
<br />apply all such Proceeds, after deducting therefrom all costs and
<br />expenses incurred by it in connection with such Proceeds, upon
<br />any indebtedness secured'hereb.y and in such order as Lender may
<br />determine, or to apply all 'amch Proceeds, after such deductions,
<br />to the restoration of the Pre -gerty upon such conditions is Lender
<br />may determine. Any appliPaticm of Proceeds to indebtedness shall
<br />not extend or postpone the curse date of any payments =der the,
<br />Note, or cure arty default thereunder or hereunder.
<br />7. Performance by Lender. In the event of Borrower's
<br />failure to perform any of the covenants herein or nralke any
<br />payments required hereby, or if any act is taken or legal pro-
<br />ceeding commenced which materially affects Lender's interest in
<br />the Property, Lender may in its owr, discreticn, but without
<br />obligation to do so, and without notice to or demand upon Bor-
<br />rower, and without releasing Borrower from any obligation, do any
<br />act which the Borrower has agreed but fails to do and may also do
<br />any other act it deems necessary to protect the security hereof.
<br />Borrower shall, immediately upon demand therefor by Lender, gay
<br />to Lender all costs and expenses incurred and sums expended;bF
<br />Lender in connection with the exercise by Lender of the €oregaing
<br />rights, together with interest thereon at the default rate
<br />provided in the Vote, which shall be added to thee Ind�teduess
<br />secured hereby. Lender shall not incur any liability -;because of
<br />anything it may do or omit to do hereunder.
<br />8. Hazardous Materials. Borrower shall keep the
<br />Property in compliance with any and all federal, state and local
<br />laws, ordinances and regulations relating to industrial hyg~.ie-n.e
<br />or to environmental conditions on, under or about the Property,
<br />including, but not limited to, soil and groundwater conditions.
<br />Trustor shall not use„ qenerate, manufacture, store cr dispose of
<br />on, under or about the Property or transport to' or from the
<br />Property any flammable explosives, radioactive materials, hazar-
<br />dous wastes, toxic substances or related materials, including,
<br />without limitation, any substances defined as or included in the
<br />definition of "hazardous substances ", "hazardous wastes ", "hazar-
<br />dous materials" or "toxic substances" under any applicable laws,
<br />ordinances or regulations (collectively referred to hereinafter
<br />as "Hazardous Materials "). Borrower hereby warrants and relare-
<br />sents to Lender that there are no Hazardous Materials on or under
<br />the Property. Borrower hereby agrees to indemnify and hold
<br />harmless Lender, its directors, officers, employees and agents,
<br />and any successors to Lender's interest, from and against any and
<br />all claims, damages and liabilities arising in connection with
<br />the presence, use, storage, disposal or transport of any Hazar-
<br />dous Materials on, under, from or about the Property, including,
<br />without limitation, (a) all damages directly or indirectly
<br />arising out of the use, generation, storage or disposal of
<br />Hazardous Materials by Borrower or any prior owner or operator of
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