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200109054
<br />dumping, leaking, spilling, placing or escape of any Hazardous Material on, in or around the Premises
<br />now or at any future time so long as any portion of the Obligations remains unpaid or unsatisfied.
<br />(d) Grantor shall comply with any and all laws, regulations or orders with respect to
<br />the discharge and removal of Hazardous Material, shall pay immediately when due the cost of removal of
<br />any such Hazardous Material, and shall keep the Premises free of any lien imposed pursuant to such laws,
<br />regulations or orders. In the event Grantor fails to do so, after notice to Grantor, Grantee may either
<br />declare this Deed of Trust to be in default and/or cause the Premises to be freed from the Hazardous
<br />Materials. Grantor shall give to Grantee and its agents and its employees access to the Premises and
<br />hereby specifically grants to Grantee a license to remove the Hazardous Materials if Grantor shall so
<br />choose but Grantee shall not be obligated to do so. Grantor (jointly and severally if there is more than
<br />one party constituting Grantor) shall indemnify Grantee and Trustee and hold them harmless from and
<br />against all loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and
<br />costs incurred in the investigation, defense and settlement of claims) that Grantee may incur as a result of
<br />or in connection with the assertion against Grantee or Trustee of any claim relating to the presence or
<br />removal of any Hazardous Material or contaminant referred to in this Section 2.05, or compliance with
<br />any federal, state or local regulations relating thereto.
<br />(e) As used herein, the term "Hazardous Material" shall mean any asbestos,
<br />flammable substances, explosives, radio active materials, PCB -laden oil, hazardous materials, pollutants,
<br />contaminates, toxic substances, pollution or related materials from time to time specified as such in, or
<br />regulated under any federal, state or local laws, ordinances, rules, regulations or policies governing use,
<br />spillage, leakage, dumping, storage, treatment, transportation, manufacturer, refinement, handling,
<br />production or disposal of any hazardous substance (as defined in the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980, 42 U.S.C. §9601(14) as amended from time to time,
<br />and the regulations promulgated thereunder), or any hazardous waste (as defined in the Resource
<br />Conservation and Recovery Act of 1976 42 U.S.C. §6903(5), as amended from time to time, and the
<br />regulations promulgated thereunder), petroleum (including crude oil or any fraction thereof), and natural
<br />gas or synthetic gas, including mixtures thereof and whether liquefied or not.
<br />2.06 Condition of Property. Keep the Property, and every part thereof, in first class
<br />repair and condition appropriate for property and buildings of like construction, materials and use,
<br />without any liability of Trustee or Grantee to any person for damage for failure to repair or for any other
<br />cause. Grantor agrees (a) upon damage or destruction of the Property or any part thereof by fire or other
<br />casualty, to restore promptly, repair, replace or rebuild the Property that is damaged or destroyed to the
<br />condition it was in immediately prior to such damage or destruction, whether or not any insurance
<br />proceeds are available or sufficient for such purposes; and (b) not to remove from the Premises any of the
<br />Improvements thereon unless the same is immediately replaced with items of at least equal value and
<br />utility, and this Deed of Trust shall become a valid first lien on such property.
<br />2.07 Use of Property. Not to use or permit to be used the Property, or any part thereof,
<br />in any manner inconsistent with the rights of Trustee, or Grantee hereunder, or in violation of the
<br />provisions of any insurance policy or any rules or regulations of insurance underwriters, and in the use of
<br />said Property shall comply with, or cause to be complied with, all valid laws, ordinances, rules,
<br />regulations, orders and directions of any legislative, executive, administrative or judicial body, officer or
<br />department applicable to the Property or to the uses and purposes thereof, and shall maintain and use the
<br />Property in full compliance therewith and in condition requisite thereunto.
<br />2.08 Sums Due Grantor. In the event any part of the Property or any Improvements shall
<br />be destroyed or damaged by any party or from any cause whereby Grantor becomes entitled to indemnity
<br />therefor from any third person or persons, Grantor, for the considerations herein named, does hereby sell,
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