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24�oo79i7 Section 3.10. Further Assurances. Upon the request of the Bene�ciary, the Grantor shall promptly do all acts and things, including the execution, acknowledgment and delivery of such amendments thereto and other instruments and documents as the Beneficiary may request, to enable the Beneficiary to perfect and maintain the Lien of this Deed of Trust and/or the Beneficiary's rights and remedies hereunder. The Grantor shall notify the Seneficiary promptly upon the acquisitzon of any fee or leasehold estate in real property and, to the extent required under the Debt Instruments, shall execute and record such amendments ar supplements to this Deed of Trust or other documents or instruments as are necessary or appropriat� to subject suck� real property to the Lien of this D�ed of Trust and shall deliver such executed and recorded amendments or suppleaments or ather docuanents or instrurnents to the Beneficiary. In the event the Grantor fails to take any action required under this Section 3.10, the Bene�ciary may take any such action and inake, execute and r�cord any such instruments and documents for and an the name of the Grantor, and the Grantar hereby irrevocably appoints the Beneficiary as its attorney- in-fact to take such actions, which appointment is coupled with an int�rest and irrevocable. Section 3.11. Candernnation, Etc. In the event that the Trust Estate ar any part thereof shall be taken under the power of eminent domain or like power, then, unless the Bene�ciary otherwise consents, all proceeds and avails thereof shall be applied by the Grantor to the prepayment of the indebtedness (such prepayments to be applied in the order and manner set forth in the Credit Agreement). Section 3.12. Conflict with Deed of Trust Terms. The provisions of this Deed af Trust and the Debt Instruments shall be cumulative and not mutually exclusive, notwithstanding any inconsistencies. Section 3.13. Environmental Representations, Warranties and Cavenants. The Grantar makes the following representations, warranties and covena.nts, all af which are subject to any exceptions that the Grantor may have previously disclosed in writing to the Beneficiary, and which, to the extent that they deal with representations of fact, are based on the Grantor's present knowledge, a�ived at after reasonable inguiry. (A) Use of the Trust Estate. ( I) The Grantor shall: (a) use, handle, transport or store Hazardous Materials as defined under any Environmental Law (both as hereinafter de�ned); and (b) store or treat non-hazardous wastes: (i) in a good and prudent manner in the ordinary course of business; and (ii) in compliance with all applicable Environmental Laws. (2) The Grantor shall not conduct or allow to be conducted, in violation of any Environmental Law, any business, aperations or activity on the Trust Estate, or, except in strict compliance with applicable law, emplay or use the Trust Estate ta generate, use, handle, rnanufacture, treat, store, process, transport or dispose of any Hazardous Materials, ar any other substance which is prohibited, cantrolled or regulated under applicable law. The Grantor shall not use the Trust Estate in a way that poses a threat or nuisance to public safety, health or the environrnent, or cause or allow to be caused a known or suspected release of Hazardous Materials, an, under, or from the Trust Estate. 7