|
<br />200611517
<br />
<br />limited to soil and ground water analysis if deemed necessary by the engineer, to determine the existence and levels of
<br />hazardous substances on the mortgaged premises, and assess compliance with all applicable federal, state and local
<br />environmental laws, statutes and regulations. This Deed of Trust is conditioned on the engineer issuing a report prior to
<br />closing certifying that his inspection disclosed no evidence that the mortgaged premises contains above surface, surface or
<br />subsurface contamination by any hazardous waste, asbestos, oil or petroleum hydrocarbons, pesticides or toxic or
<br />hazardous substances as defined in any federal, state or local environmental law , statute or regulation and that the Trustor
<br />is otherwise in compliance with the applicable laws, statutes and regulations referred to herein. Trustor hereby further
<br />represents and warrants to Beneficiary that it has not caused or permitted and Trustor will not hereafter cause or permit
<br />(i) the use of the mortgaged premises for any of (a) a sanitary landfill, (b) a dump, or (c) disposal of waste, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local
<br />environmental law , statute or regulation of any kind, (ii) the deposit or location in, under or upon the mortgaged premises
<br />or any adjacent parcels thereto of any such waste, oil, pesticides, substances or materials in violation of any applicable
<br />federal, state or local environmental law, statute or regulation, or (Hi) the contamination by any such waste, oil or
<br />petroleum hydrocarbons, pesticides, substances or materials of any part of the mortgaged premises or any adjacent
<br />parcels thereto, including ground water located thereon. All toxic or hazardous substances or materials, or oil or
<br />petroleum hydrocarbons as defined in any federal, state or local environmental law, statute or regulation, which have
<br />been or may be used by any person for any purpose upon the mortgaged premises have been and shall be used or stored
<br />thereon only in a safe, approved manner, in accordance with all industrial standards and all laws, regulations and
<br />requirements for such storage promulgated by any governmental authority. The mortgaged premises has not been and
<br />will not hereafter be used for the purpose of storing such substances for any use other than normal business operations
<br />and no such storage or use has been or will hereafter otherwise be allowed on the mortgaged premises or any adjacent
<br />parcels thereto in such a manner which has caused or will cause, or which has increased or will increase the likelihood of
<br />causing, the release of such substances onto the mortgaged premises or any adjacent parcels thereto. Trustor agrees to
<br />provide the Beneficiary copies of the following immediately upon receipt of any correspondence, notice, pleading,
<br />citation, complaint, order, decree or other documents from any source (public entity or private actual or potential litigant)
<br />asserting or alleging a circumstance or condition in violation of any federal, state or local environmental law, statute or
<br />regulation or the common law of any state pertaining to the use or condition of real property. Trustor shall protect,
<br />defend, indemnify and hold Beneficiary harmless from and against all loss, cost (including attorneys' fees), liability,
<br />damage, claim or obligation, whenever asserted or brought, known or unknown, (i) arising in connection with or
<br />resulting from any breach of warranty, misrepresentation or nonfulfillment of any agreement by Trustor herein, (H) based
<br />upon or otherwise resulting from an alleged or claimed violation of any federal, state or local environmental law,
<br />regulation or ordinance, or common law of any state, including but not limited to any tort claims, that pertain or relate in
<br />any respect or manner to the mortgaged premises, incurred by Beneficiary by reason of any violation of any applicable
<br />statute or regulation (whether such liability is to a private party or any government unit, state or federal), or (iii) by
<br />reason of the imposition of any governmental lien for the recovery of environmental cleanup costs expended by reason of
<br />such violation, without regard to fault on the part of the Trustor. This indemnity shall survive the termination of
<br />Trustor's indebtedness to Beneficiary and shall continue thereafter so long as Beneficiary is subject to any possible claim
<br />or threatened, pending or completed action, suit, or proceeding, whether civil, criminal or investigative, by a Federal,
<br />State or other governmental body or private party or parties, regarding the health, industrial hygiene, occupational or the
<br />environmental conditions on, under or about the mortgaged premises.
<br />
<br />And the Trustor will pay all taxes and assessments on said premises immediately when they become due and payable; and
<br />at the request of the legal holder of said Deed of Trust Note will keep all buildings, fixtures and other improvements,
<br />including, without limitation all irrigation equipment that may at any time be on said premises, during the continuance of
<br />said indebtedness, insured against loss by fire, lightning and windstorm, in such company or companies and for such
<br />amounts as the holder of said Deed of Trust Note may from time to time direct, not to exceed the amount of said
<br />indebtedness, except at the option of Trustor, with loss, if any, payable to the Beneficiary hereunder as its interest may
<br />
<br />3
<br />
<br />,'l;!
<br />
|