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<br />Borrower hereby warrants and represents to Lender, that there are no Hazardous Materials on or under the
<br />Property. Borrower hereby agrees to indenwify and hold harmless Lender, its directors, officers,
<br />employees, and agents, and any successors to Lender's interest, from and against any and all claims,
<br />damages and liabilities arising in connection with the presence, use, storage, release, disposal or transport
<br />of any Hazardous Materials on, under, from or about the Property, including, without limitations, (i) all
<br />damages directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Materials
<br />by Borrower or any prior owner or operator of the Property or any other person, including an adjacent
<br />property owner or operator, and (ii) all costs of a» required or necessary repair, mmcdiation, clean -up or
<br />detoxification and the preparation of any closure or other required plans, whether such action is required or
<br />necessary prior to or following transfer of title to the Property, to the full extent that such action is
<br />attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or
<br />disposal of Hazardous Materials by any person on or under the Property prior to transfer of title thereto by
<br />Lender. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S
<br />OBLIGATIONS PURSIIAN'f TO THE FOREGOING INDEMNITY, SHALT. SURVIVE
<br />REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS DEED OF TRUST.
<br />At any time that Lender reasonably suspects the presence of Hazardous Materials, in, on, under,
<br />from or around the Property (except with respect to any Hazardous Materials used in the ordinary course
<br />of business of Rorrower or the tenants of the Property', with respect to which use there has been no
<br />violation of Environmental Laws) or upon and after any Event of Default hereunder, Lender shall have the
<br />right to require Borrower, at the sole cost and expense of Borrower, to employ a qualified independent
<br />environmental firm, acceptable to Lender, to conduct an einfrounental assessment of the Property to
<br />detemnine whether there is any Hazardous Material above, in, on, under, from or around the Property, such
<br />that the Property, any activity related to the Property, or the Hazardous Materials is subject to regulation
<br />under Ero ronrncntal Laws_ Leader shall instruct such environmental firm to conduct such assessment in
<br />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 performance apart
<br />from its mere financial obligations under the Deed of Trust, the Note and other Loan Documents or
<br />Obligations which this Decd of Trust secures, and that parties other than the Borrower could not adequately
<br />mid filly perform the covenants to be performed by Borrower in this Deed of Trust. The parties also agree
<br />that this Deed of Trust is an agreement for the making of lowns mud for the extending of debt financing or
<br />Financial accommodations. No assumption of or assignment of this Deed of Trust shall be allowed in
<br />bankruptcy_ Should an assumption of or assignment of this Deed of Trust be permitted in violation of this
<br />covenant, the parties agree that Lender will not have adequate assurance of perfunianee unless and until
<br />Lender is allowed access to adequate financial and other information to satisfy itself that the frustcc or
<br />proposed assignee is fully able to as'surnc the financial and personal covenants of Borrower under this
<br />agreement, in full accordance with its terms. The parties further agree that the definition of the term
<br />"adequate assurance" as set forth in the United States Bankruptcy Code, as amended, shall be applicable
<br />directly or by analogy to any determination of adequate assurance in connection with this Deed of Trust.
<br />In the even[ Borrower becomes a debtor in bankruptcy, the debtor in possession or trustee shall not
<br />be permitted to use, sell or lease any of the Property, whether or not in the ordinary course of business,
<br />without providing adequate protection to Lender _ Thu parties agree that the language in the United States
<br />Bankruptcy Code, as amended, shall be the definition of the tern "adequate protection" in connection with
<br />any use, sale or lease of the Property. The cash payment referred to in that section shall mean the full
<br />payments required under the Note and all other indebtedness which this Deed of Trust secures.
<br />The patties agree that because of the extreme financial Importance to Leader of this transaction.
<br />Lender will be irreparably harmed by any stay of its collection efforts or the exercise of its remedies under
<br />this Deed of Trust In the event a plan of reorganization is proposed under Chapter I I of the United States
<br />Balcmpicy Code, as amended, the parties also agree that the plan will be fair and equitable to bender, as a
<br />secured creditor, only if Lender realizes under the plan the full payments required under the Note and all
<br />other indebtedness which this Decd of Trust secures.
<br />9. AMERICANS WITH DISABILITIES ACT. At its sole expanse, Borrower shall cause the
<br />Property to be and remain in compliance with the Americans with Disabilities Act and all similar state and
<br />local laws, rles and regulations (hereafter "ADA ") during the term hereof. If the Property is remodeled or
<br />altered while this Deed of Trust is in effect, the Borrower shall have the work performed so that the
<br />Property continues to comply with the ADA. Borrower shall furnish to Lender, if requested, a written
<br />opinion from a licensed architect that the remodeling /alterations comply with the ADA. Borrower hereby
<br />warrants and represents to Lender that there arc no pending or threatened claims by the Department of
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