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TMs . ' S. S.M'+a'•' -' _ .c,,....• +• - • ,
<br />90- 106941 ---
<br />IiIA —
<br />shall promptly repair or replace any improvement which may be
<br />damaged or destroyed; shall not commit or permit any waste or
<br />nl deterioration of the Property; shall not remove, demolish or —
<br />�,�;4 ', substantially alter any of the improvements on the Property;
<br />shall not commit, suffer or permit any act to be done in or upon E;.�;`
<br />' the Property in violation of an 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 />•�EAlt:;4,t: assessed against the Property or any part thereof.
<br />6. Eminent Domain. Lender is hereby assigned all —�-
<br />.
<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 or
<br />e entitled to make .'
<br />roceedings, and shall also b i an compromise y com car
<br />p p
<br />settlement in connection with such taking or damage. In 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 hereby and in such order as Lender may
<br />determine, or to apply all such Proceeds after such deductions,
<br />to the restoration of the Property upon such conditions as Lender
<br />may determine. Any application of Proceeds to indebtedness shall
<br />not extend or postpone the due date of any payments under the
<br />- _ Note, or cure any 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 make any
<br />;payments required hereby, or if any act is taken or legal proceed-
<br />ing commenced which materially affects Lender's interest in the
<br />Property, Lender may in its own discretion, but without obligation
<br />to do so, and without notice to or demand upon Borrower, and
<br />without releasing Borrower from any obligation, do any act which
<br />'' '►�.`"'` the Borrower has agreed but fails to do and may also'do any other '
<br />act it deems necessary to protect the security hereof. Borrower
<br />shall, immediately upon demand therefor by Lender, pay to Lender
<br />all costs and expenses incurred and sums expended by Lender in
<br />connection with the exercise by Lender of the foregoing rights,
<br />together with interest thereon at the default rate provided in
<br />the Note, which shall be added to the indebtedness secured
<br />hereby. Lender shall not incur any liability because of anything
<br />it may do or omit to do hereunder. {'
<br />S. Hazardous Materials. Borrower shall keep the
<br />Property xn compliance with any and all federal, state and local
<br />laws, ordinances and regulations relating to industrial hygiene
<br />or to environmental vonditions can, under or about the Prod rty,
<br />" ,`ti ;, •• including, but not limited to, soil and groundwater conditions. ;
<br />Trustor shall not use, generate, manufacture, store or dispose of
<br />on, under or about the Property or transport to or from the
<br />Property any flanur.'able -explosives, radioactive materials, hazardous
<br />r wastes, toxic substances or related materials, including, without }
<br />limitation, any substances defined as or included in the defini-
<br />tion of " hazardous substances ", "hazardous wav cs ", "hazardous
<br />materials" or "toxic stibstance-:s" under any applicable laws,
<br />ordinances or regulations (collectively referred to hereinafter
<br />as "Hazardous Materials') . Borrower hereby warrants and repro -
<br />.: sents to Lender that there are no Ha•r..irduus Materials on or under
<br />1 1-ho Arnnori -v_ Hnrreiwpr hPrwhv aurnes to indemnifv 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 hazardous
<br />! 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
<br />the Property, and (b) all costs of any required or necessary
<br />repair, cleanup or detoxification and the preparation of any
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