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- 12 - 200512344 (ii) arrange for the removal or remediation of Hazardous Materials that may be Released or result from a Release at any of the Properties, and pay any costs associated with such removal and/or remediation; (iii) pay, on behalf of the Trustor, any costs, fines or penalties imposed on the Trustor by the Federal, or any state or local, government or any representative thereof in connection with such Release or threat of Release of Hazardous Materials; or (iv) make any other payment or perform any other act that will prevent a Lien in favor of any governmental agency from attaching to any ofthe Properties or the Trust Estate. Any partial exercise by the Beneficiary ofthe remedies hereinafter set forth, or any partial undertaking on the part ofthe Beneficiary to cure the Trustor's failure to comply with any Environmental Law, shall not obligate the Beneficiary to complete the actions taken or require the Beneficiary to expend further sums to cure the Trustor's noncompliance; nor shall the exercise of any such remedies operate to place upon the Beneficiary any responsibility for the operation, control, care, management or repair of any of the Properties or make the Beneficiary the "operator" of any of the Properties within the meaning of any Environmental Laws. Any amount paid or costs incurred by the Beneficiary as a result of the exercise by the Beneficiary of any of the rights hereinabove set forth, together with interest thereon at the default rate specified in Section 2.1 O( c) of the Credit Agreement, shall be immediately due and payable by the Trustor to the Beneficiary, and until paid shall be added to and become a part of the Obligations secured hereby; and the Beneficiary, by making any such payment or incurring any such costs, shall be subrogated to any rights of the Trustor to seek reimbursement from any third parties, including, without limitation, a predecessor-in-interest to the Trustor's title who may be a "responsible party" or otherwise liable under any Environmental Law in connection with any such Release or threat of Release of Hazardous Materials. (d) Environmental Survey and Risk Assessment. If after the occurrence and during the continuance of any Default the Beneficiary desires that an environmental survey and risk assessment with respect to any ofthe Properties be prepared, the Trustor agrees to supply such a survey and risk assessment by an independent engineering firm selected by the Trustor and satisfactory to the Beneficiary, in form and detail satisfactory to the Beneficiary (including test borings of the ground and chemical analyses of air, water and waste discharges), estimating current liabilities and assessing potential sources of future liabilities of the Trustor or any other owner or operator of the Properties under applicable Environmental Laws. (e) Indemnity. Without limiting the provisions of Section 9.03(b) ofthe Credit Agreement, the Trustor shall indemnify and hold the Beneficiary, the Trustee and the Lenders Deed of Trust NY3:#7374669