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I 88- 102043 Property, or used in the construction of the Mortgaged Property, which have caused or which may cause any investigation by any agency or instrumenta li ty of government, inc luding the Envi ronmenta 1 Protection Agency ("EPA"), and the presence of which may be in violation of any law or regulation of any local, state or federal government or which may be a nuisance or. health threat to occupants of the Mortgaged Property or other per.sons in the aI"ea. Trustor hereby indemnifies and agrees to save Beneficiary harmless against any and all loss, damages and costs, including. reasonable attorneys' fees and expenses which Holder may hereafter suffer, incur, or layout, by reason of any liability arising out of environmental laws, claims, or proceedings due to the activities of Trustor. This indemnification shall extend to any liability Holder may suffer or incur in connection with any toxic waste clean up ordered by any governmental agency or court. Trustor further agrees to indemnify and hold harmless Holder from and against any claim, liability, expenses or cause of action arising out of Trustor' s ownership of the Mortgaged Property, Trustor's use and occupancy of the improvements located thereon, and the mortgaging of the Mortgaged Property hereunder. 2.3 Trustor hereby (i) makes and reaffirms all warranties and representations made in the Loan Agreement and all the Loan Documents, and (ii) covenants to perform or satisfy all covenants and agreements set forth in the Loan Agreement and all of the other Loan Documents, inCluding, without limitation, the agreements regarding the Leases set forth in Article VII of the Loan Agreement. 2.4 In the event that any lien or security interest shall ever exist or be created which is on a pa ri ty wi th, superior to, or subordinate to, the liens and security interests created hereby, Trustor warrants that no default or event of default has occurred or wi 11 occur under any instrument or agreement creating or giving rise to such lien or security interest, and covenants that Trustor will timely perform or cause to be performed all covenants, agreements and obligations required to be performed under or pursuant to the terms of any such instrument or agreement. Trustor covenants that no such liens or security interests shall exist or be created, nor shall any other or additional indebtedness be created and secured thereby, without the express written consent of Holder (which consent may be withheld with or without cause, except as otherwise provided in the Securi ty Agreement wi th respect to certain items of personal property). Nothing in this Section 2.4 shall be construed to authorize, either impliedly or expressly, the creation or existence of any lien or securi ty interest contrary to any warranty of title or covenant - 5 - L ~ L