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<br /> 19. HAZARDOUS MATERIALS. The Trustor warrants that no toxic or hazardous substance,
<br /> waste or constituent, as defined in any local, state or federal law governing liability for any such
<br /> substance, waste or constituent is, or has been in the past, located on or released from the Premises.
<br /> Trustor knows of no other environmental hazards on the Premises except as disclosed in the
<br /> Environmental Survey form Trustor has prepared for Beneficiary. The Trustor shall not, nor shall the
<br /> Trustor permit others to, use the Premises at any time to generate, transport, store, process, treat, or
<br /> dispose of a toxic or hazardous substance, waste or constituent. The Trustor shall not take, fail to take or
<br /> permit any action which may result in a release of any toxic or hazardous substance, waste or constituent
<br /> from the Premises. The Trustor warrants that the Trustor is not subject to any claim to which any local,
<br /> state, or federal law governing liability for any such substance,waste, or constituent may apply.
<br /> Within ten (10) days after learning of the occurrence of (a) any event relating to any
<br /> toxic or hazardous substance, waste, or constituent with respect to the Premises, or (b) the
<br /> commencement of any litigation, arbitration or other proceeding that affects the Premises, or (c) notice
<br /> from any government or governmental agency that the Premises or any operations thereon are not in
<br /> compliance with any local, state or federal law or notice that the Trustor or all or part of the Premises is
<br /> subject to any substance, waste or constituent, the Trustor shall give the Beneficiary oral and written
<br /> notice thereof, describing the same and the steps that will be taken by the Trustor with respect thereto.
<br /> Trustor is aware that Beneficiary is relying on the representations and warranties
<br /> contained in this section in making the loan secured by this Deed of Trust. Trustor hereby agrees to
<br /> indemnify, defend and hold Beneficiary harmless against any loss,costs or fees it suffers,whether during
<br /> the term hereof or at anytime thereafter, including, but not limited to, reasonable attorney's fees as a
<br /> result of any inaccuracy in any representations or warranties herein regardless of whether Trustor had
<br /> knowledge thereof.
<br /> 20. ASSIGNMENT OF LEASES AND RENTS. Trustor hereby sells, assigns and transfers unto
<br /> Beneficiary all of the leases, rents and profits now due and which may hereafter become due under or by
<br /> virtue of any lease, whether written or oral, or any agreement for the use or occupancy of the Premises, it
<br /> being the intention of this Deed of Trust to establish an absolute transfer and assignment of all such
<br /> leases and agreements and all of the rents and profits from the Premises unto Beneficiary. Trustor hereby
<br /> irrevocably appoints Beneficiary as Trustor's true and lawful attorney in Trustor's name and stead, which
<br /> appointment is coupled with an interest, to collect all of said rents and profits; provided, Trustor shall
<br /> have the right to collect and retain such rents and profits unless and until an event of default exists under
<br /> this Deed of Trust. Upon the occurrence of an event of default, whether before or after the institution of
<br /> legal proceedings to foreclose the lien hereof or before or after sale hereunder or during any period of
<br /> redemption existing by law, forthwith, upon demand of Beneficiary. Trustor shall surrender to
<br /> Beneficiary and Beneficiary shall be entitled to enter upon and take and maintain possession of the
<br /> Premises and any leases thereunder and collect and retain any rents and profits from the Premises and
<br /> hold, operate, manage and control the Premises and any such leases and to do such things in its discretion
<br /> as may be deemed proper or necessary to enforce payment or security of the rents and profits of the
<br /> Premises and performance of the tenants' obligations under any leases of the Premises, with full power to
<br /> cancel or terminate any lease for any cause or on any grounds which entitle Trustor to cancel the same
<br /> and to elect to disaffirm any lease made subsequent to this Deed of Trust or subordinated to the lien
<br /> hereo£ Beneficiary shall not be obligated to perform or discharge any obligation or liability of the
<br /> landlord under any of said leases. Trustor shall and does hereby agree to indemnify and hold Beneficiary
<br /> harmless from any and all expenses, liability, loss or damage which it might incur under said leases or
<br /> under or by reason of this Assignment. This Indemnity does not apply to any liability to the extent it is
<br /> caused by the willful misconduct of Beneficiary. Any amounts incurred by Beneficiary in connection
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