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20050'7252
<br />and every person or persons lawfully claiming or to claim the whole or any part thereof, Trustor shall and will warrant
<br />and forever defend.
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not have stored or
<br />contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary in
<br />writing, pesticides or toxic or hazardous substances or any such materials, including such materials in underground
<br />storage tanks, other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in
<br />agricultural and commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that
<br />Trustor has never been and is not now party to any litigation or administrative proceedings and none is presently
<br />threatened, which asserts or alleges that Trustor violated any federal, state or local environmental law, statute, or
<br />regulation or the common law of any state pertaining to the condition or use of real property; (iii) that neither Trustor nor
<br />the mortgaged premises is or has been subject to any judgment, decree, order or citation related to or arising out of any
<br />federal, state or local environmental law, statute, or regulation; (iv) as to all operations, including but not limited to the
<br />use of the pesticides, herbicides, other agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural
<br />and commercial operations on the mortgaged premises, Trustor represents and warrants that during all previous times,
<br />and in the future times while Beneficiary has a mortgage interest in the mortgaged premises, Trustor has been and will be
<br />in compliance with all present and future federal, state and local environmental statutes, regulations, and ordinances and
<br />have and will secure and hold all applicable licenses and permits. Trustor shall, if required by Beneficiary, have an
<br />engineer satisfactory to Beneficiary perform an environmental investigation of the mortgaged premises including but not
<br />limited to soil and ground water analysis if deemed necessary by the engineer, to determine the existence and levels of
<br />hazardous substances on the mortgaged premises, and assess compliance with all applicable federal, state and local
<br />environmental laws, statutes and regulations. This Deed of Trust is conditioned on the engineer issuing a report prior to
<br />closing certifying that his inspection disclosed no evidence that the mortgaged premises contains above surface, surface or
<br />subsurface contamination by any hazardous waste, asbestos, oil or petroleum hydrocarbons, pesticides or toxic or
<br />hazardous substances as defined in any federal, state or local environmental law, statute or regulation and that the Trustor
<br />is otherwise in compliance with the applicable laws, statutes and regulations referred to herein. Trustor hereby further
<br />represents and warrants to Beneficiary that it has not caused or permitted and Trustor will not hereafter cause or permit
<br />(i) the use of the mortgaged premises for any of (a) a sanitary landfill, (b) a dump, or (c) disposal of waste, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local
<br />environmental law, statute or regulation of any kind, (ii) the deposit or location in, under or upon the mortgaged premises
<br />or any adjacent parcels thereto of any such waste, oil, pesticides, substances or materials in violation of any applicable
<br />federal, state or local environmental law, statute or regulation, or (iii) the contamination by any such waste, oil or
<br />petroleum hydrocarbons, pesticides, substances or materials of any part of the mortgaged premises or any adjacent
<br />parcels thereto, including ground water located thereon. All toxic or hazardous substances or materials, or oil or
<br />petroleum hydrocarbons as defined in any federal, state or local environmental law, statute or regulation, which have
<br />been or may be used by any person for any purpose upon the mortgaged premises have been and shall be used or stored
<br />thereon only in a safe, approved manner, in accordance with all industrial standards and all laws, regulations and
<br />requirements for such storage promulgated by any governmental authority. The mortgaged premises has not been and
<br />will not hereafter be used for the purpose of storing such substances for any use other than normal business operations
<br />and no such storage or use has been or will hereafter otherwise be allowed on the mortgaged premises or any adjacent
<br />parcels thereto in such a manner which has caused or will cause, or which has increased or will increase the likelihood of
<br />causing, the release of such substances onto the mortgaged premises or any adjacent parcels thereto. Trustor agrees to
<br />provide the Beneficiary copies of the following immediately upon receipt of any correspondence, notice, pleading,
<br />citation, complaint, order, decree or other documents from any source (public entity or private actual or potential litigant)
<br />asserting or alleging a circumstance or condition in violation of any federal, state or local environmental law, statute or
<br />regulation or the common law of any state pertaining to the use or condition of real property. Trustor shall protect,
<br />defend, indemnify and hold Beneficiary harmless from and against all loss, cost (including attorneys' fees), liability,
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