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200203199 <br />times while Beneficiary has a mortgage interest in the mortgaged premises, Trustor has been and will be in compliance <br />with all present and future federal, state and local environmental statutes, regulations, and ordinances and have and will <br />secure and hold all applicable licenses and permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory <br />to Beneficiary perform an environmental investigation of the mortgaged premises including but not limited to soil and <br />ground water analysis if deemed necessary by the engineer, to determine the existence and levels of hazardous substances <br />on the mortgaged premises, and assess compliance with all applicable federal, state and local environmental laws, statutes <br />and regulations. This Deed of Trust is conditioned on the engineer issuing a report prior to closing certifying that his <br />inspection disclosed no evidence that the mortgaged premises contains above surface, surface or subsurface contamination <br />by any hazardous waste, asbestos, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in <br />any federal, state or local environmental law, statute or regulation and that the Trustor is otherwise in compliance with the <br />applicable laws, statutes and regulations referred to herein. Trustor hereby further represents and warrants to Beneficiary <br />that it has not caused or permitted and Trustor will not hereafter cause or permit (i) the use of the mortgaged premises for <br />any of (a) a sanitary landfill, (b) a dump, or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or <br />hazardous substances as defined in any federal, state or local environmental law, statute or regulation of any kind, (ii) the <br />deposit or location in, under or upon the mortgaged premises or any adjacent parcels thereto of any such waste, oil, <br />pesticides, substances or materials in violation of any applicable federal, state or local environmental law, statute or <br />regulation, or (iii) the contamination by any such waste, oil or petroleum hydrocarbons, pesticides, substances or materials <br />of any part of the mortgaged premises or any adjacent parcels thereto, including ground water located thereon. All toxic <br />or hazardous substances or materials, or oil or petroleum hydrocarbons as defined in any federal, state or local <br />environmental law, statute or regulation, which have been or may be used by any person for any purpose upon the <br />mortgaged premises have been and shall be used or stored thereon only in a safe, approved manner, in accordance with all <br />industrial standards and all laws, regulations and requirements for such storage promulgated by any governmental <br />authority. The mortgaged premises has not been and will not hereafter be used for the purpose of storing such substances <br />for any use other than normal business operations and no such storage or use has been or will hereafter otherwise be <br />allowed on the mortgaged premises or any adjacent parcels thereto in such a manner which has caused or will cause, or <br />which has increased or will increase the likelihood of causing, the release of such substances onto the mortgaged premises <br />or any adjacent parcels thereto. Trustor agrees to provide the Beneficiary copies of the following immediately upon <br />receipt of any correspondence, notice, pleading, citation, complaint, order, decree or other documents from any source <br />(public entity or private actual or potential litigant) asserting or alleging a circumstance or condition in violation of any <br />federal, state or local environmental law, statute or regulation or the common law of any state pertaining to the use or <br />condition of real property. Trustor shall protect, defend, indemnify and hold Beneficiary harmless from and against all <br />loss, cost (including attorneys' fees), liability, damage, claim or obligation, whenever asserted or brought, known or <br />unknown, (i) arising in connection with or resulting from any breach of warranty, misrepresentation or nonfulfillment of <br />any agreement by Trustor herein, (ii) based upon or otherwise resulting from an alleged or claimed violation of any <br />federal, state or local environmental law, regulation or ordinance, or common law of any state, including but not limited to <br />any tort claims, that pertain or relate in any respect or manner to the mortgaged premises, incurred by Beneficiary by <br />reason of any violation of any applicable statute or regulation (whether such liability is to a private party or any <br />government unit, state or federal), or (iii) by reason of the imposition of any governmental lien for the recovery of <br />environmental cleanup costs expended by reason of such violation, without regard to fault on the part of the Trustor. This <br />indemnity shall survive the termination of Trustor's indebtedness to Beneficiary and shall continue thereafter so long as <br />Beneficiary is subject to any possible claim or threatened, pending or completed action, suit, or proceeding, whether civil, <br />criminal or investigative, by a Federal, State or other governmental body or private party or parties, regarding the health, <br />industrial hygiene, occupational or the environmental conditions on, under or about the mortgaged premises. <br />And the Trustor will pay all taxes and assessments on said premises immediately when they become due and payable; and <br />at the request of the legal holder of said Deed of Trust Note will keep all buildings, fixtures and other improvements, <br />including, without limitation all irrigation equipment that may at any time be on said premises, during the continuance of <br />