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<br />B8- 101663
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<br />6. Eminent Domain. Lender 1.S hereby assigned all
<br />compensation, awards, damages and other payments or relief
<br />(hereinafter "Proceeds") in connection with condemnation or other
<br />taking of the Property or part thereof, or for conveyance in lieu
<br />of condemnation. Lender shall be entitled, at its option, to
<br />commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to make any compromise or
<br />settlement in connection with such taking or damage. In the
<br />event any portion of the Property is so taken or damaged, Lender
<br />shall have the option, in its sole and absolute discretion, to
<br />apply all such Proceeds, after deducting therefrom all costs and
<br />expenses incurred by it in connection with such Proceeds, upon
<br />any indebtedness secured hereby and in such order as Lender may
<br />determine, or to apply all such Proceeds, after such deductions,
<br />to the restoration of the Property upon such conditions as Lender
<br />may determine. Any application of Proceeds to indebtedness shall
<br />not extend or postpone the due date of any payments under the
<br />Note, or cure any default thereunder or hereunder.
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<br />7. Performance by Lender. In the event of Borrower's
<br />failure to perform any of the covenants herein or make any
<br />payments required hereby, or if any act is taken or legal proceed-
<br />ing commenced which materially affects Lender's interest in the
<br />Property, Lender may in its own discretion, but without obligation
<br />to do so, and without notice to or demand upon Borrower, and
<br />without releasing Borrower from any obligation, do any act which
<br />the Borrower has agreed but fails to do and may also do any other
<br />act it deems necessary to protect the security hereof. Borrower
<br />shall, immediately upon demand th8refor by Lender, pay to Lender
<br />all costs and expenses incurred and sums expended by Lender in
<br />connection with the exercise by Lender of the foregoing rights,
<br />together with interest thereon at the default rate provided in
<br />the Note, which shall be added to the indebtedness secured
<br />hereby. Lender shall not incur any liability because of anything
<br />it may do or omit to do hereunder.
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<br />8. Hazardous Materials. Borrower shall keep the
<br />Property in compliance with any and all federal, state and local
<br />laws, ordinances and regulations relating to indust~ial hygiene
<br />or to environmental conditions on, under or about the Property,
<br />including, but not limited to, soil and groundwater conditions.
<br />Trustor shall not use, generate, manufacture, store or dispose of
<br />on, under or about the Property or transport to or from the
<br />Property any flammable explosives, radioactive materials, hazardous
<br />wastes, toxic substances or related materials, inclUding, without
<br />limitation, any substances defined as or included in the defini-
<br />tion of "hazardous substances", "hazardous wastes", "hazardous
<br />materials" or "toxic substances" under any applicable laws,
<br />ordinances or regulations (collectively referred to hereinafter
<br />as "Hazardous Materials"). Borrower hereby warrants and repre-
<br />sents to Lender that there are no Hazardous Materials on or under
<br />the Property. Borrower hereby agrees to indemnify and hold
<br />harmless Lender, its directors, officers, employees and agents,
<br />and any successors to Lender!s interest, from and against any and
<br />all claims, damages and liabilities arising in connection with
<br />the presence, use, storage I disposal or transport of any Hazardous
<br />Materials on, under, from or about the Property, including,
<br />wi thout limitation, (a) all damages directly or indirectly
<br />arising out of the use, generation, storage or disposal of
<br />Hazardous Materials by Borrower or any prior owner or operator of
<br />the Property, and (b) all costs of any required or necessary
<br />repair, cleanup or detoxification and the preparation of any
<br />closure or other required plans, whether such action is required
<br />or necessary prior to or following transfer of title to the
<br />Property, to the full extent that such action is attributable,
<br />directly or indirectly, to the presence or use f generation,
<br />storage, release, threatened release or disposal of Hazardous
<br />Materials by any person on the Property prior to transfer of
<br />title thereto by Lender. The foregoing warranties and repre-
<br />sentations, and Borrower's obligations pursuant to the foregoing
<br />indemnity, shall survive repayment of the Note and the recon-
<br />veyance of this Deed of Trust.
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