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200504312
<br />hazardous or toxic waste or substance or related material defined or treated as a
<br />"hazardous substance" or "toxic substance" or "hazardous waste" or "hazardous
<br />material" or "toxic waste" (or comparable term) in the Comprehensive
<br />Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
<br />seq.) ( "CERCLA "), the Hazardous Substances Transportation Act (49 U.S.C.
<br />1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901, et.
<br />seq.) ( "RCRA "), or any other applicable federal, state or local statute, law or
<br />ordinance, and any rules and regulations promulgated thereunder (jointly, the
<br />"Applicable Environmental Laws "). No Hazardous Substances have been
<br />generated, used, discharged, dispersed, released, disposed of, or allowed to
<br />escape on or under the Subject Property in violation of Applicable Environment
<br />Laws. No asbestos or asbestos - containing substance presently in a condition or
<br />in a sufficient quantity as to violate Applicable Environmental Laws has been
<br />installed, used, incorporated into or disposed of on the Subject Property. No
<br />underground liquid storage tanks are located on the Subject Property. No notice
<br />has been received by Trustor or any tenant with respect to, nor is Trustor aware
<br />of any basis for, any federal, state or local agency investigation, administrative
<br />order, consent order or decree, litigation, or settlement regarding the existence of
<br />Hazardous Substances on or under the Subject Property or the use, generation, or
<br />disposal thereof by Trustor or any tenant or previous owner or tenant. The
<br />Subject Property is and at all times has been in compliance with Applicable
<br />Environmental Laws. No notice, demand, claim, or other communication has
<br />been received by Trustor or any tenant from any governmental or other entity or
<br />individual claiming any violation of or demanding compliance with any
<br />Applicable Environmental Laws, or demanding payment, contribution, remedial
<br />action or any other action or inaction with respect to any actual or alleged
<br />environmental damage or condition. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO
<br />THIS PARAGRAPH 10 (i), SHALL SURVIVE REPAYMENT OF THE NOTE,
<br />THE RECONVEYANCE OF THIS DEED OF TRUST, AND JUDICIAL AND
<br />NON - JUDICIAL FORECLOSURE OR CONVEYANCE OF THE SUBJECT
<br />PROPERTY BY DEED IN LIEU OF FORECLOSURE.
<br />(j) Existing Lease: The existing lease(s) with respect to the Subject Property
<br />constitute(s) (a) legally valid and binding agreement(s) enforceable against the
<br />tenant(s) thereof in accordance with (its) (their respective) terms, except as such
<br />enforcement may be qualified or limited by bankruptcy, insolvency, or other
<br />similar laws affecting creditors' rights in general.
<br />11. DEFENSE AND NOTICE OF ACTIONS. Trustor shall, without liability, cost or expense to
<br />Beneficiary or Trustee, protect, preserve and defend Trustor's fee interest in and to the Subject
<br />Property, the security or priority hereof or the rights or powers of Beneficiary or Trustee
<br />hereunder. Said protection, preservation and defense shall include protection, preservation and
<br />defense against all adverse claimants to Trustor's interest in the Subject Property whether or not
<br />such claimants or encumbrances assert title paramount to that of Trustor or claim their interest on
<br />the basis of events or conditions arising subsequent to the date hereof. Trustor shall give
<br />Beneficiary and Trustee prompt notice in writing of the filing of any such action or proceeding.
<br />12. COLLECTION OF RENTS ISSUES AND PROFITS. Beneficiary confers upon Trustor a license to
<br />collect and retain the rents, revenues, issues and profits of the Subject Property as they become
<br />due and payable, subject, however, to the right of Beneficiary upon default hereunder to revoke
<br />said authority at any time in its sole discretion and without notice to Trustor. Beneficiary may
<br />revoke said authority and collect and retain the rents, revenues, issues and profits of the Subject
<br />Property, including those past due and unpaid, assigned herein to Beneficiary in the event
<br />Trustor is in default hereunder or under any of the obligations secured hereby, and without taking
<br />possession of all or any part of the Subject Property, and without prejudice to or limitation upon
<br />any of its additional rights and remedies granted pursuant hereto or pursuant to the Loan
<br />Documents.
<br />13. RIGHT OF INSPECTION. Beneficiary, its agents or employees, may enter the Subject Property at
<br />any reasonable time for the purpose of inspecting the Subject Property and ascertaining Trustor's
<br />compliance with the terms hereof.
<br />14. ACCEPTANCE OF TRUST NOTICE OF INDEMNIFICATION. Trustee accepts this trust when this
<br />Deed of Trust, duly executed and acknowledged, becomes a public record as provided by law.
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