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� �
<br /> 99 109361
<br />%� 6. Eminent Domain. Lender is hereby assigned all
<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 /> proceedings, and shall also be entitled to make any compromise or
<br /> settlem�nt in connection with such taking or damage. In the
<br /> event any portion af 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 /> 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 bv 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
<br /> proceedinq commenced which materially �affects Lender's interest
<br /> in the Property, Lender may in its own discretion, but without
<br /> obligation to do so, and without notice to or demand upon
<br /> Borrower, and without releasing Borrower from any obligation, do �
<br /> any act which the Borrower has agreed but failed to do and may
<br /> also do any other act it deems necessary to protect the security
<br /> hereof. Borrower shall, immediately upon demand therefore by
<br /> Lender, pay the Lender all costs and expenses incurred and sums
<br /> expended b� Lender in connection with the exercise by Lender of
<br /> the foregoing rights, together with interest thereon at the rate
<br /> provided in the Note, which shall be added to the indebtedness
<br /> secured hereby. Lender shall not incur any liability because of
<br /> anything it may do or omit to do hereunder.
<br /> 8. �iazardous Materials. Borrower shall keep the Property
<br /> in compliance with any and all federal, state and local laws,
<br /> ordinances and regulations relating to industrial hygiene or to
<br /> environmental conditions on, under or about the Property,
<br /> including, but not limited to, soil and ground water conditions.
<br /> Borrower shall not use, generate, manufacture, store or dispose
<br /> of on, under or about the Property or transport to or from the
<br /> Property any flammable explosives, radioactive materials,
<br /> hazardous wastes, toxic substances or related materials,
<br /> including, without limitation, any substances defined as or
<br /> included in the definition of "hazardous substances' , hazardous
<br /> wastes", "hazardous materials" or "toxic substances" under any
<br /> applicable laws, ordinances or regulations (collectively-
<br /> referred to herein-after as "Hazardous Materials") . Borrower
<br /> hereby warrants and represents to Lender that there are no
<br /> Hazardous Materials on or under the Property. Borrower hereby
<br /> agrees to indemnify and hold harmless Lender, its directors,
<br /> officers, employees and agents, and any successors to Lender's
<br /> interest, from and against any and all claims, damages and
<br /> liabilities arising in connection with the presence, use,
<br /> storage, disposal or transport of any Hazardous Materials on,
<br /> under, from or about the Property, includinc�, without limitation,
<br /> (a) all damages directly or indirectly arising out of the use,
<br /> generation, storac�e or disposal of Hazardous Materials by
<br /> Borrower or any prior owner or operator of the Property, and (b)
<br /> all costs of any required or necessary repair, cleanup or
<br /> detoxification and the preparation of any closure or other
<br /> rec�uired plans, whether such action is required or necessary
<br /> prior to or following transfer of title to the Property, to the
<br /> full extent that such action is attributable, directly or �
<br /> indirectly, to the presence or use, generation, storage, release, �
<br /> threatened release or disposal of Hazardous Materials by any
<br /> person on the Property prior to transfer of title thereto by
<br /> Lender. The foregoing warranties and representations, and
<br /> Borrower's obligations pursuant to the foregoing indemnityr shall
<br /> survive repayment of the Note and the reconveyance of this Deed
<br /> of Trust.
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