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202401002 (e) Borrower and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. (f) There are no underground tanks, private dumps, or open wells located on, under or about the premises, and no such tank, dump, or well will be added unless Lender first consents in writing. (g) Borrower will regularly inspect the premises, monitor the activities and operations on the premises, and confirm that all permits, licenses, or approvals required by any applicable Environmental Law are obtained and complied with. (h) Borrower will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the premises and review all records at any reasonable time to determine: (i) the existence, location, nature, and magnitude of any Hazardous Substance on, under, or about the premises; (ii) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under, or about the premises; or (iii) whether or not Borrower and any tenant are in compliance with applicable Environmental Law. (i) Upon Lender's request and at any time, Borrower agrees, at Borrower's expense, to engage a qualified environmental engineer to prepare an environmental audit of the premises and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. (j) Lender has the right, but not the obligation, to perform any of Borrower's obligations under this section at Borrower's expenses. (k) As a consequence of any breach of any representation, warranty, or promise made in this section, (i) Borrower will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response, and remediation costs, penalties, and expenses, including without limitation all costs of litigation and attorneys' fees which Lender and Lender's successors or assigns may sustain; and (ii) at Lender's discretion, Lender may release this Deed of Trust and in return Borrower will provide Lender with collateral of at least equal value to the premises secured by this Deed of Trust without prejudice to any of Lender's rights under this Deed of Trust. (1) Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to Lender or any disposition by Lender of any or all of the premises. Any claims and defenses to the contrary are hereby waived. Page 5 of 8