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<br />200600614
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<br />release all or any part of the proceeds to Trustor upon any conditions Beneficiary may impose.
<br />Beneficiary may commence, appear in, defend or prosecute any assigned claim or action, and
<br />may adjust, compromise, settle and collect all claims and awards assigned to Beneficiary;
<br />provided however, that in no event shall Beneficiary be responsible for any failure to collect any
<br />claim or award, regardless of the cause of the failure.
<br />b) At its sole option, Beneficiary may permit insurance or condemnation proceeds held by Beneficiary
<br />to be used for repair or restoration but may impose any conditions on such use as Beneficiary
<br />deems necessary.
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<br />4.8 Maintenance and Preservation of SUQject Property. 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,
<br />nor alter, restore or add to the Subject Property, nor initiate or acquiesce in any change in any
<br />zoning 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
<br />may be damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be
<br />used to reduce the Secured Obligations as provided in the Section hereof entitled DamaQes:
<br />Insurance and 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,
<br />standards and judicial and administrative rules and orders; (ii) covenants, conditions, restrictions
<br />and equitable servitudes, whether public or private; and (iii) requirements of insurance companies
<br />and 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.
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<br />4.9 Hazardous Substances: Environmental Provisions. 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
<br />and has not been a site for the use, generation, manufacture, storage, treatment, disposal,
<br />release or 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,
<br />the Clean Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation
<br />and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Federal
<br />Toxic Substances Control Act and the Occupational Safety and Health Act, as any of the same
<br />may be amended, modified or supplemented from time to time, and any other applicable federal,
<br />state or local environmental laws, and any rules or regulations adopted pursuant to any of the
<br />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
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