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200210366 Property in connection with any Contamination of the Trust Property or pursuant to any Environmental Law, and (iii) any and all liability incurred by Beneficiary arising out of Third Party Claims and Regulatory Actions. Trustor shall have the right to control any action for which indemnity is required through counsel of its choice, subject to Beneficiary's consent, which consent shall not be unreasonably withheld or delayed; provided however, at Beneficiary's option, Beneficiary may participate in such action and appoint its own counsel. The representations, warranties, covenants and agreements of Truster contained herein shall survive the release or reconveyanec of this Deed of Trust, whether through full payment of the Indebtedness, foreclosure or otherwise. Nothing contained in this paragraph 24 shall be construed to limit or modify the terms and provisions of any separate environmental indemnity given by Truster to Beneficiary. 25. ADA. Trustor covenants and agrees that Truster and any tenants of the Trust Property shall at all times materially comply with the provisions and requirements of the Americans with Dis- abilities Act (hereinafter called "ADA "). Trustor hereby agrees to indemnify and hold harmless Beneficiary, Trustee, and their respective agents, employees and contractors, from and against any and all obligations, liabilities, losses, damages, costs, fees and expenses sustained, suffered or incurred by them as a. result of the failure of Trustor and the Trust Property to comply with the ADA and including, without limitation, all costs to rectify such noncompliance. Trustor covenants and agrees that all future leases of all or any portion of the Trust Property shall include a provision requiring the tenant to comply with Title I and Title III of the ADA. 26. Events of Default. Each of the following occurrence shall constitute an event of default hereunder (hereinafter callcd an "Event of Default "): (a) Trustor shall fail to pay when due any principal, interest, or principal and interest on, or any event of default shall occur under (and as may be defined in), the Note, or any part thereof, and the relevant grace or cure period has expired; (h) any warranty of title made by Trustor herein shall be untrue; (c) Trustor shall fail to observe or perform any of the covenants, agreements or conditions in this Deed of Trust and such failure shall continue for a period of thirty (30) days after written notice from Beneficiary to Trustor; (d) any representation or warranty made by Trustor on any financial statements or reports heretofore or hereafter submitted to Beneficiary by or on behalf of Trustor shall prove false or materially misleading; (e) Trustor shall fail (after the giving of any notice and/or the expiration of any grace period provided therein) to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under, or any event of default shall occur under (and as may be defined in) any security agreement, loan agreement, financing statement, -9-