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<br />200803604
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<br />encumbrance other then this Deed of Trust and the lien for taxes which are not yet due and
<br />payable to be placed on all or any part of the Real Estate described above and allowed to
<br />remain a lien for 30 day(s) EXCEPT a lien junior and inferior to this Deed of Trust may be
<br />placed on all or a part of said Real Estate in favor of N/A in a principal amount not to exceed
<br />($0) to be placed of record no later than 12:00:00 AM.
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<br />10. Except for any notices, demands, requests or other communications required
<br />under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee
<br />gives or serves any notice (including, without limitation, notice of default and notice of sale),
<br />demands, requests or other communications with respect to this Deed of Trust, each such
<br />notice, demand, request or other communication shall be in writing and shall be effective only if
<br />the same is delivered by personal service or mailed by certified mail, postage prepaid, return
<br />receipt requested, addressed to the address of the party to whom mailed as set forth at the end
<br />of the Deed of Trust. Any party may at any time change its address for such notices by
<br />delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. Any
<br />notice hereunder shall be deemed to have been given (a) if by personal services, then on the
<br />date the notice is delivered to the stated address (regardless of whether it is actually received
<br />by the addressee), and (b) if by certified mail, on the date the United States Postal Service
<br />makes its first delivery attempt (regardless of whether the notice is actually received by the
<br />addressee).
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<br />11. Trustor shall not suffer any waste of the Property and will not permit or conduct
<br />either the generation, treatment, storage or disposal of hazardous waste, as defined in the
<br />Resource Conservation and Recovery Act, or the disposal on the Real Estate of petroleum or
<br />any hazardous substance, as defined in the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, or violate any federal, state, or local law, rule or regulation
<br />relating to the environment, and will perform all remedial actions reasonably necessary as the
<br />result of the presence of any such hazardous wastes, petroleum or hazardous substances on,
<br />at or near the Real Estate. Trustor shall be personally liable for and agrees to indemnify,
<br />defend with counsel satisfactory to Beneficiary and hold Beneficiary harmless against any loss,
<br />damage, or liability suffered by the Beneficiary, including but not limited to attorney's fees, due
<br />to the presence of any such hazardous waste, petroleum or hazardous substance at, on or near
<br />the property, and Trustor shall be liable for compliance (and for costs associated therewith) with
<br />any directive or order by any governmental entity relating to the presence of any such
<br />hazardous waste, petroleum or hazardous substance on, at, or near the property. Trustor will
<br />deliver promptly to the Beneficiary (i) copies of any documents received from the United States
<br />Environmental Protection Agency and/or any federal, state, county or municipal environmental
<br />or health agency concerning the Trustor's operations upon the Real Estate; and (ii) copies of
<br />any documents submitted by the Trustor to any such agencies concerning its operations on the
<br />Real Estate. Trustor agrees that, notwithstanding any provision to the contrary in this Deed of
<br />Trust, this indemnification and hold harmless shall survive the release or reconveyance of this
<br />Deed of Trust, whether pursuant to payment in full of the Note, or judicial or non-judicial
<br />foreclosure under this Deed of Trust, or otherwise.
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<br />12. Trustor, its successors and assigns and each of them, represent and warrant that
<br />the Property involved in this transaction does not represent the proceeds of some form of
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