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200308465
<br />6. PRESERVATION AND MAINTENANCE OF PROPERTY; LEASEHOLDS;
<br />CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Borrower shall keep the
<br />Property in good repair and shall not commit waste or permit impairment or deterioration of the
<br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold.
<br />If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall
<br />perform all of Borrower's obligations under the declarations or covenants creating or governing
<br />the condominium or planned unit development, the by -laws and regulations of the condominium
<br />or planned unit development, and constituent documents. If a condominium or planned unit
<br />development rider is executed by Borrower and recorded together with this Deed of Trust, the
<br />covenants and agreements of such rider shall be incorporated into and shall amend and
<br />supplement the covenants and agreements of this Deed of Trust as if the rider were a part hereof.
<br />7. COMPLIANCE WITH LAWS; HAZARDOUS MATERIALS. Borrower shall
<br />keep the Property in compliance with any and all applicable federal, state and local laws,
<br />ordinances and regulations relating to industrial hygiene or to environmental conditions on, under
<br />or about the Property, including, but not limited to, soil and ground water conditions (collectively
<br />the "Environmental Laws "). Borrower shall not use, generate, release, manufacture, store or
<br />dispose of on, under or about the Property, or transport to or from the Property, any flammable
<br />explosive, radioactive materials, asbestos, petroleum or petroleum products, hazardous wastes,
<br />toxic substances or related materials, including, without limitation, any substances defined as or
<br />included in the definition of "hazardous substances ", "hazardous wastes ", "hazardous materials"
<br />or "toxic substances" under any Environmental Laws (collectively referred to hereinafter as
<br />"Hazardous Materials "). Nothing contained herein shall be construed so as to limit Borrower's
<br />ability to use and store janitorial and office supplies in reasonable quantities on the Property,
<br />provided such supplies are employed, stored and disposed of in accordance with all
<br />Environmental Laws. Borrower hereby warrants and represents to Lender, that there are no
<br />Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold
<br />harmless Lender, its directors, officers, employees, and agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages and liabilities arising in connection with the
<br />presence, use, storage, release, disposal or transport of any Hazardous Materials on, under, from
<br />or about the Property, including, without limitations, (i) all damages directly or indirectly arising
<br />out of the use, generation, storage or disposal of Hazardous Materials by Borrower or any prior
<br />owner or operator of the Property or any other person, including an adjacent property owner or
<br />operator, and (ii) all costs of any required or necessary repair, remediation, clean-up or
<br />detoxification and the preparation of any closure or other required plans, whether such action is
<br />required or necessary prior to or following transfer of title to the Property, to the full extent that
<br />such action is attributable, directly or indirectly, to the presence or use, generation, storage,
<br />release, threatened release or disposal of Hazardous Materials by any person on or under the
<br />Property prior to transfer of title thereto by Lender. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE
<br />FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF THE NOTE AND THE
<br />RECONVEYANCE OF THIS DEED OF TRUST.
<br />At any time that Lender reasonably suspects the presence of Hazardous Materials, in, on,
<br />under, from or around the Property (except with respect to any Hazardous Materials used in the
<br />ordinary course of business of Borrower or the tenants of the Property, with respect to which use
<br />there has been no violation of Environmental Laws) or upon and after any Event of Default
<br />hereunder, Lender shall have the right to require Borrower, at the sole cost and expense of
<br />Borrower, to employ a qualified independent environmental firm, acceptable to Lender, to
<br />conduct an environmental assessment of the Property to determine whether there is any
<br />Hazardous Material above, in, on, under, from or around the Property, such that the Property, any
<br />activity related to the Property, or the Hazardous Materials is subject to regulation under
<br />Environmental Laws. Lender shall instruct such environmental firm to conduct such assessment
<br />in such a manner as to minimize interference with the operation of the Property.
<br />8. BANKRUPTCY. The parties agree that Borrower has substantial duties of
<br />performance apart from its mere financial obligations under the Deed of Trust, the Note and other
<br />Loan Documents or obligations which this Deed of Trust secures, and that parties other than the
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