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200313159 operation of said Premises, including the cost from time to time of installing or replacing refrigeration and gas or electric heating therein, and of placing said property in such condition as will, in the judgment of the Beneficiary, make it readily rentable; (d) to the payment of any Indebtedness or any deficiency which may result from any Foreclosure sale; the remainder to be paid to the Trustor or as may be required by law. SECTION 8.8 Right to Discontinue Proceedings. In the event Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted under this Deed of Trust and shall thereafter elect to discontinue or abandon the same for any reason, Beneficiary shall have the unqualified right to do so and in such event Trustor and Beneficiary shall be restored to their former positions with respect to the Indebtedness in which case this Deed of Trust and all rights, remedies and recourse of Beneficiary shall continue as if such action or exercise of a right had not been invoked. SECTION 8.9 Waivers. Trustor also waives the benefit of all laws now existing or that may hereinafter be: enacted providing for (i) any appraisal before sale of any portion of the Premises, and (ii) in any way extending the time for the enforcement and collection of the Note or this Deed of Trust or creating or extending a period of redemption from any sale made in collecting said debt. To the full extent Trustor may do so, Trustor agrees that Trustor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter enforced providing for any appraisal, evaluation, stay, extension or redemption and Trustor, to the extent permitted by law, waives and releases all rights of redemption, valuation, appraisal, stay of execution, notice of election to mature or declare due the whole of this Deed of Trust and marshaling in the event of Foreclosure of the liens hereby created. ARTICLE 9. HAZARDOUS MATERIALS SECTION 9.1 Definitions. The term "Hazardous Materials or Wastes" shall mean any hazardous or toxic materials, pollutants, chemicals, or contaminants, including without limitation asbestos, polychlorinated biphenyls (PCBs) and petroleum products as defined, determined or identified as such in any Laws, as hereinafter defined. The term "Laws" means any federal, state or local laws, rules or regulations (whether now existing or hereinafter enacted or promulgated) including, without limitation, the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (1972), the Clean Air Act, 42 U.S.C. §§ 7401 et seq. (1970), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Subsection 9601 et seq., and The Resource Conservation and Recovery Act, 42 U.S.C. Subsection 6901 et seq., any similar state laws, as well as any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments. 15311/53;09/30/03 -24-