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<br />200807950
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<br />compensation or expenses which may be associated therewith, In addition, Trustee may postpone
<br />the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or
<br />in separate parcels or lots,
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<br />13. Fees and Expenses, In the event Trustee sells the Property by exercise of power of
<br />sale, Trustee shall be entitled to apply any sale proceeds first to the payment of all costs and expenses
<br />of exercising power of sale, including all Trustee's fees actually incurred, In the event Borrower
<br />exercises any rights provided by law to cure an Event of Default, Lender shall be entitled to recover
<br />from Borrower all costs and expenses actually incurred as a result of Borrower's default, including
<br />without limitation all Trustee's and reasonable attorney's fees.
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<br />14. Hazardous Materials,
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<br />A. Borrower shall keep the Property in compliance with any and all federal,
<br />state and local laws, ordinances and regulations relating to industrial hygi.ene or to
<br />environmental conditions on, under or about the Property, including, but not Hmited to, soil
<br />and groundwater conditions. Borrower shall not use, generate, manufacture, store or dispose
<br />of on, under or about the Property or transport to or from the Property any flammable
<br />explosive, radioactive materials, hazardous wastes, toxic substances or related materials,
<br />including, without limitation, any substances defined as or included in the definition of
<br />"hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances"
<br />under any appHcable laws, ordinances or regulations (collectively referred to hereinafter as
<br />"Hazardous Materials"), Borrower hereby warrants and represents to Lender that Borrower
<br />is not aware of Hazardous Materials 011 or under the Property, Borrower hereby agrees to
<br />indemnify and hold harmless Lender and any successors to Lender's interest, from and
<br />against any and all claims, damages and liabilities arising in connection with the presence,
<br />use, storage, disposal or transport of any Hazardous Materials on, under, from or about the
<br />Property, including, without limitation, (a) all damages directly or indirectly arising out of
<br />the use, generation, storage or disposal of Hazardous Materials by Borrower and (b) all costs
<br />of any required or necessary repair, cleanup or detoxification and the preparation of any
<br />closure or other required plans, whether such action is required or necessary to the Property
<br />to the full extent that such action is attributable, directly or indirectly, to the presence or use,
<br />generation, storage, release, threatened release or disposal of Hazardous Materials by
<br />Borrower or any other person from this date on the PropeI1y. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND BORROWER'S OBLIGATIONS
<br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF
<br />THE NOTE AND THE RECONVEYANCE OF THIS DEED OF TRUST.
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<br />Page 7 of 12
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