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<br />200706035
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<br />Benefieiary has a mortgage interest in the mortgaged premises, Trustor has been and will be in compliance with all present
<br />and future federal, state and local environmental statutes, regulations, and ordinances and have and will secure and hold all
<br />applicable licenses and permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory to Beneficiary
<br />perform an environmental investigation of the mortgaged premises including but not limited to soil and ground water
<br />analysis if deemed necessary by the engineer, to determine the existence and levels of hazardous substances on the
<br />mortgaged prcmises,and assess compliance with all applicable federal, state and local environmental laws, statutes and
<br />reb'tllations. This Deed of Trust is conditioned on the engineer issuing a report prior to closing certifying that his inspection
<br />disclosed no evidence that the mortgaged premises contains above surface, surface or subsurface contamination by any
<br />hazardous waste, asbestos, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any
<br />federal, state or local enviromnentallaw, statute or regulation and that the Trustor is otherwise in compliance with the
<br />applicable laws, statutes and regulations referred to herein. Trustor hereby further represents and warrants to Beneficiary
<br />that it has not caused or permitted and Trustor will not hereafter cause or pcrmit (i) thc usc ofthe mortgaged premises for
<br />any of (a) a sanitary landfill, (b) a dump, or (e) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or
<br />hazardous substances as defined in any federal, state or local environmental law, statute or regulation of any kind, (ii) the
<br />deposit or location in, under or upon the mortgaged prcmises or any adjacent parecls thereto of any such waste, oil,
<br />pesticides, substances or materials in violation of any applicable federal, state or local environmental law, statute or
<br />regulation, or (iii) the contamination by any such waste, oil or petroleum hydrocarbons, pesticides, substances or materials
<br />of any part of the mortgaged premises or any adjacent parcels thereto, including ground water located thereon. All toxic or
<br />hazardous substances or materials, or oil or petroleum hydrocarbons as defined in any federal, state or local enviromnental
<br />law, statute or regulation, which have been or may be used by any person for any purpose upon the mortgaged premises
<br />have becn and shall bc used or stored thereon only in a safc, approved manner, in accordance with all industrial standards
<br />and all laws, regulations and requirements for such storagc promulgated by any governmental authority. The mortgaged
<br />premises has not been and will not hereafter be used for the purpose of storing such substances for any use other than
<br />normal business operations and no such storage or use has been or will hereafter otherwise be allowed on the mortgaged
<br />premises or any adjacent parcc1s thereto in such a manner which has caused or will cause, or which has increased or will
<br />increase the likelihood of causing, the release of such substances onto the mortgaged premises or any adjacent parcels
<br />thereto. Trustor agrees to provide the Beneficiary copies of the following immediately upon receipt of any correspondence,
<br />notice, pleading, citation, complaint, order, decree or other documents from any source (public entity or private actual or
<br />potential litigant) asserting or alleging a circumstance or condition in violation of any federal, state or local environmental
<br />law, statute or regulation or the common law of any state pertaining to the use or condition of real propcrty_ Trustor shall
<br />protect, 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 resulting
<br />from any breach of warranty, misrepresentation or nonfulfillment of any agreement by Trustor herein, (ii) based upon or
<br />othenvise resulting from an alleged or claimed violation of any federal, state or local environmental law, regulation or
<br />ordinance, or common law of any state, including but not limited to any tort claims, that pertain or rclate in any respect or
<br />manner to thc mortgaged premises, incurred by Bcncficiary by reason of any violation of any applicable statute or
<br />regulation (whether such liability is to a private party or any government unit, state or federal), or (iii) by reason of the
<br />imposition of any governmental lien for the recovery of environmental cleanup costs expended by reason of such violation,
<br />without regard to fault on thc part of the Trustor. This indemnity shall survive the termination of Trustor's indebtedness to
<br />Beneficiary and shall continue thereafter so long as Beneficiary is subject to any possible claim or threatened, pending or
<br />completed action, suit, or proceeding, whether civil, criminal or investigative, by a Federal, State or other governmental
<br />body or private party or parties, regarding the health, industrial hygiene, occupational or the environmental conditions on,
<br />under or about the mortgaged premises.
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<br />And the Trustor will pay all taxes and assessments on said premises immediately when they become due and payable; and at
<br />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
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