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9 � 1093 �3 Materials is subject to regulation under Environmental Laws . Lender shall instruct such auditor to conduct such audit in such a manner as to minimize interference with the operation of the Property. (i) at any time that Lender reasonably suspects the presence of asbestos or Hazardous Materials subject to regulation under Environmental Laws, in, on, under, from or around the Property (except with respect to any Hazardous Materials used in the ordinary course of business of the tenants of the Property, with respect to which use there has been no violation of Environmental Laws) ; or (ii) upon and after any Event of Default hereunder. 17 . Bankru�tcx. A. Bankruptcy: Assumption of Assignment . The parties agree that Borrower has substantial duties of performance apart from its mere financial obligations under the Trust Deed, the Note and other debt instruments or obligations which this Trust Deed secures, and that parties other than the Borrower could not adequately and fully perform the covenants to be performed by Borrower in this Trust Deed. The parties also agree that this Trust Deed is an agreement for the making of loans and for the extending of debt financing or financial accommodations . No assumption of or assignment of this Trust Deed shall be allowed in bankruptcy. Should an assumption of or assignment of this Trust Deed be permitted in violation of this covenant, the parties agree that Lender will not have adequate assurance of performance unless and until Lender is allowed access to adequate financial and other information to satisfy itself that the trustee or proposed assignee is fully able to assume the financial and personal covenants of Borrower under this agreement, in full accordance with its terms, and that sufficient collateral is pledged and sufficient bonds or letters of credit are posted by the trustee or proposed assignee to guarantee performance of such obligations . The parties further agree that the definition of the term "adequate assurance" as set forth in §365 (b) (3) of the Bankruptcy Code of 1978 shall be applicable directly or by analogy to any determination of adequate assurance in connection with this Trust Deed. B. Bankruptcy: Adeguate Protection. In the event Borrower becomes a debtor in bankruptcy, the debtor in possession or trustee shall not be permitted to use, sell or lease any of the Property, whether or not in the ordinary course of business, without providing adequate protection to Lender. The parties agree that the language in §361 of the Bankruptcy Code of 1978 shall be the definition of the term ��adequate protection�� in connection with any use, sale or lease of the Property. The cash payment referred to in that section shall mean the full payments required under the Note and all other indebtedness which this Trust Deed secured, plus payment representing the full replacement value of the Property used, sold or leased; the replacement liens referred to in that section shall mean liens on property the actual market value of which is equal to or greater than the replacement cost of the Property used, sold or leased; and the term "indubitable equivalent" as used in that section shall mean protection afforded by either grants of administrative expense priority, grants to Lender of ownership interest in a continuing business surviving the bankruptcy, or grants to lender of protected securities issued by a continuing business surviving the bankruptcy, which completely compensates Lender for the loss of the present value (computed at the then market rate of interest for commercial loans) , of its interest in the Property. For purposes of computation, the value of the Property shall be the actual market cost of replacement real estate in approximately the same location and condition as the Property, and with similar improvements . 9