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deems necessary. 200508354
<br />4.8 Subject to the provisions of any Secured
<br />Obligation, Trustor covenants:
<br />a) to keep the Subject Property in good condition and repair;
<br />b) except with Beneficiary's prior written consent, not to remove or demolish the Subject Property, nor
<br />alter, restore or add to the Subject Property, nor initiate or acquiesce in any change in any zoning
<br />or other land classification which affects the Subject Property;
<br />c) to restore promptly and in good workmanlike manner any portion of the Subject Property which may
<br />be damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be used to
<br />reduce the Secured Obligations as provided in the Section hereof entitled Damages: Insurance and
<br />Condemnation Proceeds;
<br />d) to comply with and not to suffer violation of any or all of the following which govern acts or
<br />conditions on, or otherwise affect the Subject Property: (i) laws, ordinances, regulations, standards
<br />and judicial and administrative rules and orders; (ii) covenants, conditions, restrictions and
<br />equitable servitudes, whether public or private; and (iii) requirements of insurance companies and
<br />any bureau or agency which establishes standards of insurability;
<br />e) not to commit or permit waste of the Subject Property; and
<br />f) to do all other acts which from the character or use of the Subject Property may be reasonably
<br />necessary to maintain and preserve its value.
<br />4.9 Hazardous Substances: Environmental ProyjB gus. Trustor represents and warrants to Beneficiary
<br />as follows:
<br />a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject Property is not and
<br />has not been a site for the use, generation, manufacture, storage, treatment, disposal, release or
<br />threatened release, transportation or presence of any substances which are "hazardous
<br />substances," "hazardous wastes," "hazardous materials" or "toxic substances" under the
<br />Hazardous Materials Laws, as defined below, and /or other applicable environmental laws,
<br />ordinances and regulations (collectively, the "Hazardous Materials ").
<br />b) The Subject Property is in compliance with all laws, ordinances and regulations relating to
<br />Hazardous Materials (collectively, the "Hazardous Materials Laws "), including without limitation, the
<br />Clean Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation and
<br />Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Federal Toxic
<br />Substances Control Act and the Occupational Safety and Health Act, as any of the same may be
<br />amended, modified or supplemented from time to time, and any other applicable federal, state or
<br />local environmental laws, and any rules or regulations adopted pursuant to any of the foregoing.
<br />c) There are no claims or actions pending or threatened against Trustor or the Subject Property by
<br />any governmental entity or agency, or any other person or entity, relating to any Hazardous
<br />Materials or pursuant to any Hazardous Materials Laws.
<br />d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors, officers,
<br />employees, agents, successors and assigns, from and against any and all losses, damages,
<br />liabilities, claims, actions, judgments, court costs and legal or other expenses (including without
<br />limitation, attorneys' fees and expenses) which Beneficiary may incur as a direct or indirect
<br />consequence of the use, generation, manufacture, storage, treatment, disposal, release or
<br />threatened release, transportation or presence of Hazardous Materials in, on, under or about the
<br />Subject Property. Trustor shall pay to Beneficiary immediately upon demand any amounts owing
<br />under this indemnity, together with interest from the date of demand until paid in full at the highest
<br />rate of interest applicable to any Secured Obligation. TRUSTOR'S DUTY AND OBLIGATION TO
<br />DEFEND, INDEMNIFY AND HOLD HARMLESS BENEFICIARY SHALL SURVIVE THE
<br />CANCELLATION OF THE SECURED OBLIGATIONS AND THE RELEASE, RECONVEYANCE
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