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200504312
<br />including, but without limitation, assignments of Trustor's interest in leases or subleases of the
<br />Subject Property.
<br />7. COMPLIANCE WITII LAWS, HAZARDOUS SUBSTANCES. Trustor shall keep the Subject Property
<br />in compliance with any and all applicable federal, state and local laws, ordinances and
<br />regulations relating to industrial hygiene or to environmental conditions on, under or about the
<br />Subject Property, including, but not limited to, soil and ground water conditions (collectively the
<br />"Applicable Environmental Laws "). Trustor shall not use, generate, release, manufacture, store
<br />or dispose of on, under or about the Subject Property, or transport to or from the Subject
<br />Property, any flammable explosive, radioactive materials, asbestos, petroleum or petroleum
<br />products, hazardous wastes, toxic substances or related materials, including, without limitation,
<br />any substances defined as or included in the definition of "hazardous substances ", "hazardous
<br />wastes ", "hazardous materials ", "toxic wastes ", or "toxic substances" under any Applicable
<br />Environmental Laws (collectively referred to hereinafter as "Hazardous Substances "). Nothing
<br />contained herein shall be construed so as to limit Trustor's ability to use and store janitorial and
<br />office supplies in reasonable quantities on the Subject Property, provided such supplies are
<br />employed, stored and disposed of in accordance with all Applicable Environmental Laws.
<br />Trustor hereby warrants and represents to Beneficiary, that there are no Hazardous Substances on
<br />or under the Subject Property, except as noted in the Environmental Questionnaire furnished
<br />to Beneficiary. Trustor hereby agrees to indemnify and hold harmless Beneficiary, its past,
<br />present, and future directors, officers, employees, and agents, and any successors to Beneficiary's
<br />interest, from and against any and all claims, damages and liabilities arising in connection with
<br />the presence, use, storage, release, disposal or transport of any Hazardous Substances on, under,
<br />from or about the Subject Property, including, without limitation, (i) all damages directly or
<br />indirectly arising out of the use, generation, storage or disposal of Hazardous Substances by
<br />Trustor or any prior owner or operator of the Subject Property or any other person, including an
<br />adjacent property owner or operator, and (ii) all costs of any required or necessary investigation,
<br />repair, remediation, clean -up or detoxification and the preparation of any closure or other
<br />required plans, whether such action is required or necessary prior to or following transfer of title
<br />to the Subject Property, to the full extent that such action is attributable, directly or indirectly, to
<br />the presence or use, generation, storage, release, threatened release or disposal of Hazardous
<br />Substances by any person on or under the Property prior to transfer of title thereto by
<br />Beneficiary. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND
<br />TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE REPAYMENT OF THE NOTE, THE RECONVEYANCE OF THIS DEED OF
<br />TRUST, AND JUDICIAL AND NON - JUDICIAL FORECLOSURE OR CONVEYANCE OF
<br />THE SUBJECT PROPERTY BY DEED IN LIEU OF FORECLOSURE.
<br />At any time that Beneficiary suspects the presence of Hazardous Substances, in, on, under, from
<br />or around the Subject Property (except with respect to any Hazardous Substances used in the
<br />ordinary course of business of Trustor or the tenants of the Subject Property, with respect to
<br />which use there has been no violation of Applicable Environmental Laws) or upon and after any
<br />Event of Default hereunder, Beneficiary shall have the right to require Trustor, at the sole cost
<br />and expense of Trustor, to employ a qualified independent environmental firm, acceptable to
<br />Beneficiary, to conduct an environmental assessment of the Subject Property to determine
<br />whether there is any Hazardous Substance above, in, on, under, from or around the Subject
<br />Property, such that the Subject Property, any activity related to the Subject Property, or the
<br />Hazardous Substances is subject to regulation under Applicable Environmental Laws.
<br />Beneficiary shall instruct such environmental firm to conduct such assessment in such a manner
<br />as to minimize interference with the operation of the Subject Property.
<br />8. BANKRUPTCY. The parties agree that Trustor has substantial duties of performance apart from
<br />its mere financial obligations under the Deed of Trust, the Note and other Loan Documents or
<br />obligations which this Deed of Trust secures, and that parties other than the Trustor could not
<br />adequately and fully perform the covenants to be performed by Trustor in this Deed of Trust.
<br />The parties also agree that this Deed of Trust is an agreement for the making of loans and for the
<br />extending of debt financing or financial accommodations. No assumption of or assignment of
<br />this Deed of Trust shall be allowed in bankruptcy. Should an assumption of or assignment of this
<br />Deed of Trust be permitted by the Bankruptcy Court in violation of this covenant, the parties
<br />agree that Beneficiary will not have adequate assurance of performance unless and until
<br />Beneficiary is allowed access to adequate financial and other information to satisfy itself that the
<br />trustee or proposed assignee is fully able to assume the financial and personal covenants of
<br />Trustor under this agreement, in full accordance with its terms. The parties further agree that the
<br />definition of the term "adequate assurance" as set forth in Section 365(b) (3) of the Bankruptcy
<br />rel
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