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200505400 TRUSTOR agreed not to do, TRUSTOR shall be in default under this Deed of Trust. BENEFICIARY, but without obligation so to do and without notice to or demand upon TRUSTOR and without releasing TRUSTOR from any obligation hereof and without contesting the validity or amount of the same, may (a) make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof, BENEFICIARY being authorized to enter upon SUCH PROPERTY for such purposes, and (b) pay, purchase, contest or compromise any encumbrance, charge or lien, which in its judgment is or appears to be prior or superior hereto, and (c) in exercising any such power, pay necessary expenses, employ counsel and pay his reasonable fees. TRUSTOR agrees to repay any amount so expended on demand of BENEFICIARY. IT IS MUTUALLY AGREED THAT: Environmental Disclaimer: TRUSTOR warrants (and this shall be a continuing warranty which shall survive until all the obligations of MAKER or TRUSTOR to TRUSTEE and BENEFICIARY have been fully satisfied) that it is in compliance with all federal, sate and local environmental laws and regulations and has obtained all environmental permits necessary or appropriate to the conduct of its business. There is not pending, nor to the best of TRUSTOR's knowledge, after due inquiry, are there any threatened environmental enforcement actions, suits or proceedings before any court, tribunal or administrative body or official. TRUSTOR, or any responsible officer, general partner, or agent of TRUSTOR, has not, nor has any former owner of real property occupied by TRUSTOR, stored, used or disposed of any toxic or hazardous substance on its properties or transported any such substance to or from it properties in violation of any presently existing or previously existing laws, regulations or policies. The TRUSTOR will not store, use or dispose of such substances on this property. Litigation: TRUSTOR shall defend this Trust in any action or proceeding purporting to affect SUCH PROPERTY, whether or not it affects the security hereof, or purporting to affect the rights or powers of BENEFICIARY or TRUSTEE, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of SUCH PROPERTY; and either TRUSTEE or BENEFICIARY is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, whether brought by or against TRUSTOR, BENEFICIARY or TRUSTEE, or with or without suite, to exercise or enforce any other right, remedy or power available or conferred hereunder, whether or not judgment be entered in any action or proceedings; and TRUSTEE or BENEFICIARY may appear or intervene in any action or proceedings, and retain counsel therein; and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in that behalf and for any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not TRUSTOR so appears or defends. TRUSTOR on demand shall pay all costs and expenses of BENEFICIARY and Page 6 of 12 #MGWL_265892_3.DOC