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<br />200803089
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<br />4.9 Hazardous Substances: Environmental Provisions. Trustor represents and warrants to Beneficiary
<br />as follows:
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<br />a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject Property is not
<br />and has not been a site for the use, generation, manufacture, storage, treatment, disposal, release
<br />or threatened release, transportation or presence of any substances which are "hazardous
<br />substances," "hazardous wastes," "hazardous materials" or "toxic substances" under the
<br />Hazardous Materials Laws, as defined below, and/or other applicable environmental laws,
<br />ordinances and regulations (collectively, the "Hazardous Materials").
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<br />b) The Subject Property is in compliance with all laws, ordinances and regulations relating to
<br />Hazardous Materials (collectively, the "Hazardous Materials Laws"), including without limitation, the
<br />Clean Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation and
<br />Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Federal Toxic
<br />Substances Control Act and the Occupational Safety and Health Act, as any of the same may be
<br />amended, modified or supplemented from time to time, and any other applicable federal, state or
<br />local environmental laws, and any rules or regulations adopted pursuant to any of the foregoing.
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<br />c) There are no claims or actions pending or threatened against Trustor or the Subject Property by
<br />any governmental entity or agency, or any other person or entity, relating to any Hazardous
<br />Materials or pursuant to any Hazardous Materials Laws.
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<br />d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors, officers,
<br />employees, agents, successors and assigns, from and against any and all losses, damages,
<br />liabilities, claims, actions, judgments, court costs and legal or other expenses (including without
<br />limitation, attorneys' fees and expenses) which Beneficiary may incur as a direct or indirect
<br />consequence of the use, generation, manufacture, storage, treatment, disposal, release or
<br />threatened release, transportation or presence of Hazardous Materials in, on, under or about the
<br />Subject Property. Trustor shall pay to Beneficiary immediately upon demand any amounts owing
<br />under this indemnity, together with interest from the date of demand until paid in full at the highest
<br />rate of interest applicable to any Secured Obligation. TRUSTOR'S DUTY AND OBLIGATION TO
<br />DEFEND, INDEMNIFY AND HOLD HARMLESS BENEFICIARY SHALL SURVIVE THE
<br />CANCELLATION OF THE SECURED OBLIGATIONS AND THE RELEASE, RECONVEYANCE
<br />OR PARTIAL RECONVEYANCE OF THIS DEED OF TRUST.
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<br />e) Trustor shall immediately advise Beneficiary in writing upon Trustor's discovery of any occurrence
<br />or condition on the Subject Property or on any real property adjoining or in the vicinity of the
<br />Subject Property that does or could cause all or any part of the Subject Property to be
<br />contaminated with any Hazardous Materials or otherwise be in violation of any Hazardous
<br />Materials Laws, or cause the Subject Property to be subject to any restrictions on the ownership,
<br />occupancy, transferability or use thereof under any Hazardous Materials Laws.
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<br />4.10 Protection of Security. Trustor shall, at Trustor's sole expense: (a) protect, preserve and defend
<br />the Subject Property and Trustor's title and right to possession of the Subject Property against all
<br />adverse claims; (b) if Trustor's interest in the Subject Property is a leasehold interest or estate, pay and
<br />perform in a timely manner all obligations to be paid and/or performed by the lessee or tenant under the
<br />lease or other agreement creating such leasehold interest or estate; and (c) protect, preserve and
<br />defend the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee under
<br />this Deed of Trust against all adverse claims. Trustor shall give Beneficiary and Trustee prompt notice
<br />in writing of the assertion of any claim, the filing of any action or proceeding, or the occurrence of any
<br />damage, condemnation offer or other action relating to or affecting the Subject Property and, if Trustor's
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