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<br />200801431
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<br />Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for
<br />any recordation costs, All such amounts are due on demand and will bear interest from the time of the advance at the
<br />highest rate In effect, from time to time, as prOVided Ifl the I:vldence of Debt and oS permitted by low.
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<br />19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means,
<br />without limitotion, the Comprehensive Environmentol Response, Compensotion and Liability Act (CERCLA, 42 use.
<br />9601 et seq,), all other federol. state and local laws, regulations, ordinances, court orders, attorney general opinions or
<br />interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; ond (2)
<br />"Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which
<br />has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare
<br />or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substances," "hazardous waste" or "hazardous substance" under any Environmental Law, Trustor represents,
<br />warrants and agrees that, except as previously disclosed and acknowledged in writing:
<br />A. No Hal<Hdous Substance has been. is, or will be located, transported, manufactured, treated, refined, or handled
<br />by ony person on, under or about the Property, except In the ordinary course of business and In strict
<br />compliance with all applicable Environmental Law,
<br />B, Trustor hos not and will not cause, contribute to, or permit the release of any Hozardous Substorlce on the
<br />Property.
<br />C, Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs
<br />on IIncier or aboUT the Property or miwates or threatens to migrate from nearby propertv: or (2) there is il
<br />vio:<..i1!Crl 01 ~irlY L:.;'lvlr JflnH3n~dl Lc:i\"v curlcerrl:l"111 t~lt Proper:. )1, In ~~u(;h 3r'l event TrL:st~)~ W!!l :ake ~:irl r1t:(:~SS;.HY
<br />r~edi(jl ar.lion In aCQprdanc.e witlil.Envir.lnmental UilW.
<br />'0. tfustor has no knOWledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or \L/
<br />any violation by Trustor or any tenant of any Environmental Law, Trustor will immediately notify Beneficiary in
<br />writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim, or
<br />proceeding. In such an event, Beneficiary has the right, but not the obligation, to participate in any such
<br />proceeding including the right to receive copies of any documents relating to such proceedings.
<br />E, Trustor and every tenant have been, are and shall remain in full compliance with any applicable Environrnentol
<br />Law,
<br />F, There are no underground storage tanks, private dumps or open wells located on or under the Property and no
<br />such tank, dump or well will be added unless Beneficiary first consents in writing,
<br />G, Trustor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
<br />with,
<br />H, Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nilture, nnd magnitude of any
<br />HazardOlJs Substance that has been released on, under or about the Property; or (3) whether or not Trustor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
<br />to Beneficiary, The choice of the environmental engineer who will pedorrn such audit IS subJec l to Benet 1C:lo[ y's
<br />approval.
<br />J, Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under thiS section al
<br />Trustor's expense.
<br />K, As a consequence of any breach of any representation, warranty or promise made in this section, (1) Trustor
<br />will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses,
<br />claims, demands, .liabilities, qamages, cleanup,. res~lOl)se> ,a \'let ren;w,di9tjon".cp~,t~,_ p.e~aI1ljj~<<;ln~" ~xp~n~~s,
<br />tnclt;dlng wltnout IIl'TlltatlOnall costS or litigation ana attorr,eys' leE'-S, Whlctll,enellcI1" If ilnu tleneflcl1lfY'S
<br />successors or assigns may sustain; and (2) at Beneficiary's discretion, BenefiCiary may release thiS Ueed 01
<br />Trust and in return Trustor will provide Beneficiary with collateral of at least equal value to the Property secured
<br />by this Deed of Trust without prejudice lO any of Beneficiary's rights under this Deed of Trust,
<br />L, Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section
<br />shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title 1O
<br />Beneficiary or any disposition by Beneficiary of any or all of the Property, Any claims and defenses to the
<br />contrary are hereby waived,
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<br />20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, reill or threatened, by private or public
<br />entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent
<br />domain, or any other means, Trustor further agrees to notify Beneficiary of any proceedings instir.uted for the
<br />establishment of any sewer, water, conservation, ditch, drainage, or other district relnting to or binding upon lhe
<br />Property or any part of it, Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described
<br />actions or claims and to collect and receive all sums resulting from the action or claim, Trustor assigns to Beneficiary
<br />the proceeds of any award or clairn for damages connected with a condemnation or other taking of all or nny part of
<br />the Property, Such proceeds shall be considered payrnents and will be applied as provided III thiS Deed uf Trusl TillS
<br />assignment of proceeds is subject to the terms of any prior security agreement,
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<br />21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br />A, Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably
<br />associated with the Property due to its type and location, Other hazards and risks may include, for example,
<br />coverage against loss due to floods or flooding, This insurance shall be maintained in the amounts and for the
<br />periods that Beneficiary requires, What Beneficiary requires pursuant to the preceding three sentences can
<br />change during the term of the Secured Debt The insurance carrier providing the insurance shall be chosen by
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<br />E4ITd< ". ""e. 'C"' M... ",o'.mo. '"0. " "....", c., m ,"co ",c,,, '" mo," Cl1w
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<br />(p",ge 5 of 8)
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