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<br />b. Environmental Indemnity. Trustor agrees to defend, indemnify, protect,
<br />release and hold harmless Lender (whether as Beneficiary, Mortgagee in Possession, as a
<br />successor in interest to Trustor by virtue of foreclosure of this Instrument or otherwise, as owner
<br />or operator of the Property or in any other capacity), its affiliates, subsidiaries, parties to whom
<br />Lender sells loan participations (if applicable), the successors and assigns of each and its and their
<br />directors, officers, employees, and agents (collectively, the "Lender Parties" or singularly a
<br />"Lender Party") from and against any and all claims, suits, liabilities, actions, proceedings,
<br />obligations, debts, damages, losses, costs, expenses, diminutions in value, liabilities (including
<br />strict liabilities), fines, penalties, charges, fees, attorneys' fees and costs, engineers' fees,
<br />environmental consultants' fees and investigation costs, costs of Remediation (whether or not
<br />performed voluntarily), and any other expenses (including expenses incurred in enforcing this
<br />indemnity), judgments, awards, amounts paid in settlement, punitive damages, and foreseeable
<br />and unforeseeable consequential damages (collectively, "Losses ") incurred by or threatened
<br />against Lender or a Lender Party arising directly or indirectly out of, or any way related to:
<br />(1) The past, present or future violations of any Environmental Law in
<br />connection with the Property or operations thereon, including but not limited to any
<br />failure by Trustor or any tenant or other users of the Property to comply with any
<br />Enforcement Action or any Environmental Law;
<br />(2) Any actions necessary or appropriate to comply with any Environmental
<br />Law in any way connected with the Property;
<br />(3) The presence of any Contaminant in, on or under the Property including,
<br />but not limited to the use, treatment, storage, disposal, transportation, transfer, generation,
<br />processing, production, refining, control, management or handling of Contaminants in
<br />any way connected with the Property;
<br />(4) The past, present or threatened Release of any Contaminants in, on,
<br />under or from the Property, or migrating to the Property, including but not limited to
<br />costs of Remediation of Contamination on properties to which such Contaminants may
<br />have migrated;
<br />(5) Any Remediation or Enforcement Action in any way connected with the
<br />Property;
<br />(6) Any loss of priority of Lender's title (or lien on) the Property directly or
<br />indirectly arising out of or in any way relating to any of the foregoing or any imposition
<br />of any lien or other encumbrance on title to the Property or indirectly arising out of or in
<br />any way relating to any of the foregoing;
<br />(7) Any personal injury, wrongful death, or property damage arising under
<br />any statutory or common law tort law theory, including but not limited to damages
<br />assessed for the maintenance of a private or public nuisance on or for the conducting an
<br />abnormally dangerous activity on the Property.
<br />(8) Any other matter relating to any environmental condition of the Property,
<br />to Contaminants in connection with the Property or migrating to or from the Property, or
<br />to any Environmental Laws.
<br />Trustor understands, acknowledges and agrees that its liabilities to Lender pursuant to this
<br />indemnity shall be binding upon Trustor regardless of whether conditions described in this paragraph
<br />resulted from acts or omissions of Trustor, its predecessors in interest, or any other person or from
<br />circumstances (whether or not on the Property) which occurred or existed prior to the date hereof.
<br />Trustor's liability hereunder shall survive and continue beyond foreclosure of this Instrument, deed in lieu
<br />of foreclosure and payoff or discharge of the Note and release of this Instrument and the other Loan
<br />Documents.
<br />C. Covenants, Representations and Warranties. Trustor covenants, represents
<br />and warrants to Lender that, except as previously disclosed to Lender in writing::
<br />(1) To the best of Trustor's knowledge and belief, after due inquiry and
<br />investigation, the Property is free of any Contaminants and neither Trustor nor any other
<br />person (including but not limited to prior owners, occupiers and tenants) has ever caused
<br />or permitted any Contaminant to be manufactured, placed, generated, stored, held,
<br />transferred, processed, produced, transported or disposed on, at, through or under the
<br />Property nor any property adjacent thereto has even been used (whether by Trustor or, to
<br />the best knowledge of Trustor, by any other person) as a location for the manufacture,
<br />
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