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<br />200602638 <br /> <br />Oil & Hazardous Materials <br /> <br />9. Trustor agrees that there has been no release of oil or other hazardous materials on <br />the premises, nor has it ever been used for the treatment, storage or disposal of oil <br />or other hazardous materials nor shall it be so used. <br /> <br />Environmental Audit <br /> <br />10. If the Beneficiary shall be required to pay for an environmental audit, the Trustor <br />shall reimburse the Beneficiary, within 30 days after demand, for the cost of the <br />same, and if a lien is filed against the premises by any Federal, State and/or Local <br />Authority pertaining to oil or hazardous materials, Trustor shaJ I pay and remove <br />the lien within 30 days of the date of filing. <br /> <br />Environmental Liability <br /> <br />II. Trustor shall indemnify and hold the Beneficiary harmless from any loss, liability <br />or expense, including, without limitation, costs associated therewith for all <br />proceedings, engineering expenses and attorneys' fees as incurred by Beneficiary <br />as a result of any release of oil or hazardous material onto the premises. <br /> <br />No Sale or Alteration <br /> <br />12. The Trustor may not, without the consent of the Beneficiary, (a) alter, demolish or <br />remove the buildings and improvements on the Property or (b) sell the Property or <br />any part of it. <br /> <br />Title <br /> <br />13. Trustor warrants the title to the Property. <br /> <br />Default When Full Amount <br />of Obligation Due Immediately <br /> <br />14. At the option of the Beneficiary, the full amount of the Lease payments may be <br />declared to be due and payable immediately for any default. <br /> <br />The following are defaults: (a) Trustor fails to make any payment required by the <br />Lease; (b) Trustor fails to keep any other promise or agreement in this Deed of <br />Trust or in the Lease Agreement and/or Lease Agreements, within the time stated, <br />or, if no time is stated, within a reasonable time after notice is given that Trustor <br />is in default; (c) Trustor transfers the Property voluntarily, involuntarily or by <br />operation of law without the prior written consent of the Beneficiary. <br /> <br />NECOLMTG.DOC (8/03) <br />264386.doc.2 <br /> <br />4 <br />