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2009U'756U
<br />the Secured Obligations as provided in the Section hereof entitled Damages: Insurance _and
<br />Condemnation Proceeds;
<br />(d) to comply with and not to suffer violation of any or all of the following which govern acts or conditions
<br />on, or othennrise affect the Real Property: (i) laws, ordinances, regulations, standards and judicial and
<br />administrative rules and orders; (ii) covenants, conditions, restrictions and equitable servitudes, whether
<br />public or private; and (iii) requirements of insurance companies and any bureau or agency which
<br />establishes standards of insurability;
<br />(e) not to commit or permit waste of the Real Property; and
<br />(f) to do all other acts which from the character or use of the Real Property may be reasonably
<br />necessary to maintain and preserve its value.
<br />4.9 Hazardous Substances: Environmental Provisions. Trustor represents and warrants to Beneficiary
<br />as follows:
<br />(a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Real Property is not and has
<br />not been a site for the use, generation, manufacture, storage, treatment, disposal, release or threatened
<br />release, transportation or presence of any substances which are "hazardous substances," "hazardous
<br />wastes," "hazardous materials" or "toxic substances" under the Hazardous Materials Laws, as defined
<br />below, and/or other applicable environmental laws, ordinances and regulations (collectively, the
<br />"Hazardous Materials").
<br />(b) The Real Property is in compliance with all laws, ordinances and regulations relating to Hazardous
<br />Materials (collectively, the "Hazardous Materials Laws"), including without limitation, the Clean Air Act,
<br />the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of 1976,
<br />the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund
<br />Amendments and Reauthorization Act of 1986, the Federal Toxic Substances Control Act and the
<br />Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented
<br />from time to time, and any other applicable federal, state or local environmental laws, and any rules or
<br />regulations adopted pursuant to any of the foregoing.
<br />(c) There are no claims or actions pending or threatened against Trustor or the Real Property by any
<br />governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or
<br />pursuant to any Hazardous Materials Laws.
<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, liabilities,
<br />claims, actions, judgments, court costs and legal or other expenses (including without limitation,
<br />attorneys' fees and expenses) which Beneficiary may incur as a direct or indirect consequence of the
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation
<br />or presence of Hazardous Materials in, on, under or about the Real Property. Trustor shall pay to
<br />Beneficiary immediately upon demand any amounts awing under this indemnity, together with interest
<br />from the date of demand until paid in full at the highest rate of interest applicable to any Secured
<br />Obligation. TRUSTOR'S DUTY AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS
<br />BENEFICIARY SHALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND THE
<br />RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THIS DEED OF TRUST.
<br />(e) Trustor shall immediately advise Beneficiary in writing upon Trustor's discovery of any occurrence or
<br />condition an the Real Property or on any real property adjoining or in the vicinity of the Real Property
<br />DeedOfTrust-NE Job 1712907949-1129797866 Loan Vers.4 09!1612009 Page 7 of 19
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