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200807950 B. Upon the occurrence of any factors set forth in subparagraph B.(1) and/or B.(2) hereunder, Lender shall have the right to require Borrower, at the sole cost and expense of Borrower, to employ a qualified independent environmental auditor, acceptable to Lender, to conduct an environmental audit ofthe Property to determine whether there is any asbestos or Hazardous Material above, in, on, under, from or around the Property, such that the Property, any activity related to the Property or the Hazardous Materials is subject to regulation under Environmental Laws. Lender shall instruct such auditor to conduct such audit in such a manner as to minimize interference with the operation of the Property. (1) at any time that Lender reasonably suspects the presence of asbestos or Hazardous Materials subject to regulation under Environmental Laws, in, on, under, from or around the Property (except with respect to any Hazardous Materials used in the ordinary course of business of the Property, with respect to which use there has been no violation of Environmental Laws); or (2) upon and after any Event of Default hereunder. 15. Miscellaneous Provisions. A. Borrower not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the Borrower. B. Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property 110t then or heretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (1) release any person so liable, (2) extend the maturity or alter any ofthe terms of any such obligations, (3) grant other indulgences, (4) release or reconvey, or cause to be released or reconveyed at any time at Lender's options any parcel, portion or all of the Property, (5) take or release any other or additional security for any obligation herein mentioned, or (6) make compositions or other arrangements with debtors in relation thereto. C. Forbearance by Lender not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's rights to accelerate the maturity of the indebtedness secured by this Deed of Trust. D. Successors and Assigns Bound: Joint and Several Liability: Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure Page 8 of 12