|
201005559
<br />(I') Continuation of Representations, Warranties, Covenants and
<br />Indemnities. The Grantor's representations, warranties, covenants, and indemnities contained
<br />herein shall survive the nccunence of any event whatsoever, including, without limitation, the
<br />satisfaction of the Obligations secured hereby, the reconveyance or foreclosure of this Deed of
<br />Trust, the acceptance by the Beneficiary of a deed in lieu of foreclosure, or any transfer or
<br />abandonment of the Trust Estate.
<br />(G) Corrective Action. In the event the Grantor is in breach of any of its
<br />representations, warranties or agreements as set Earth above, then, without limiting the
<br />Beneficiary's other rights hereunder, the Grantor, at its sole expense, shall take all actions
<br />required, including, without limitation, environmental cleanup of the Trust Estate, to comply
<br />with the representations, warranties, and covenants contained herein and with all applicable legal
<br />requirements and, in any event, shall take all actions deemed necessary under all applicable
<br />Environmental Laws.
<br />(H) Hazardous Materials Defined. The term "Hazardous Materials" shall
<br />mean dangerous, toxic, or hazazdous .pollutants, contaminants, chemicals, wastes, materials or
<br />substances, as defined in or governed by the provisions of any Environmental Law.
<br />(I) Environmental Law Defined. The term "Environmental Law" shall
<br />mean any federal, state or local laws, statute, ordinance, rule, regulation, administration order, or
<br />permit now in effect or hereinafter enacted, pertaining to the public health, safety, industrial
<br />hygiene, or the environmental conditions on, under or about the Trust Estate.
<br />Section 3.14 Payment of Impositions. Grantor shall pay when due and in any event
<br />before any penalty attaches all taxes, assessments, governmental charges, water charges, sewer
<br />charges, and other fees, taxes, charges and assessments of every kind and nature whatsoever
<br />assessed ar charged against or constituting a lien on the Trust Estate or any interest therein
<br />(".Impositions") and will upon demand furnish to the Beneficiary proof of the payment of any
<br />such Impositions. In the event of a court decree or an enactment by any legislative authority of
<br />any law imposing upon a mortgagee or beneficiary of a deed of trust the payment of the whale or
<br />any part of the Impositions herein required to be paid by the Grantor, or changing in any way the
<br />laws relating to the taxation of mortgages or deeds of trust or debts secured by mortgages or
<br />deeds of trust or a beneficiary's interest in mortgaged premises, so as to impose such Imposition
<br />on the Beneficiary or on the interest of the Beneficiary in the Trust Estate, then, in any such
<br />event, Grantor shall bear and pay the full amount of such Imposition, provided that il' for any
<br />reason payment by Grantor of any such Imposition would be unlawful, or if the payment thereof
<br />would constitute usury or render .the Obligations wholly or partially usurious, Beneficiary, at its
<br />oprion, may declare the whole sum secured by this Deed of Trust with interest thereon to be
<br />immediately due and payable, without prepayment premium, or Beneficiary, at its option, may
<br />pay that amount or portion of such Imposition as renders the Obligations unlawful or usurious;. in
<br />which event Grantor shall concurrently therewith pay the remaining lawful and non-usurious
<br />portion ar balance of said Imposition.
<br />13
<br />
|