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2011�0111
<br />(4) the remainder, if any, ko the person legally entitled thereta.
<br />12. ENVTRONMENTAL PROTECTION REQUIKEMENTS, WARRANTIES AND
<br />INDEMNITIES: That Trustor shall not use, nor permit any tenattt, occupant or any other party or entity to use, the
<br />Premises, or any paxt thereof, Far the purpose of generating, treating, producing, storing, handling, transferring,
<br />processing, transporting, disposing or otherwise releasing "hazardaus substances," as hereinafter defined, either nn,
<br />in, from or about the P�remises which:
<br />(a) creates or causes a contamination either on the Premises or elsewhere which is reyu.ired by any
<br />governmental authority to be removed, remediated, or otherwise cleaned up under any applicable
<br />"Enviranmental I.aw," as de�ned below,
<br />(b) creates any form or liability, civil or criminal, direct ox indireet, due to such contamination, or
<br />(c) is in contravention nf any Environmental Law.
<br />That the terms "Enviro�nxnental I.aw" and "Environmental Laws" as used in this Trust Deed include any and all
<br />current and future federal, state and local environmental laws, statutes, rules, regulations and ordinances, as tlne sanne
<br />shall be amended and modifi�d from time to time, including but not limited to, "common law;' the Comprehensive
<br />Environmental Response, Compensation and Liability Act (C�KCLA), as amended from time to time, the Resource
<br />Conservatio�n and Recovery Act (RCRA), as amended frnn:� time to time, and the Toxic Substances Contra! Act
<br />(TSCA), as amettded fram time to time.
<br />That "hazardaus substances" as used in this Trust Deed include5 any and all "hazardous substances" as defined
<br />in CERCLA, any and all "hazardous wastes" as defined in RCR.A, and any and all "toxic substauces" as defined in
<br />TSCA, petroleum products, asbestos or asbestos-containing materials, polychlorinated biphenyls ("PCB's"), radon
<br />gas, urea formaldehyde foam insulation ("UF'FI") and any and all other hazardaus substances, hazardous wastes,
<br />pollutants and contarnin.ants regulated or cox�trolied by any of the Environmental Laws.
<br />That Trustor shall, in the event of any discharge, spill, in�jection, escape, emission, disposal, leak or other release
<br />of hazardous substances on, in, under, onto or fram the Premises, wbich is not authorized by a currently valid pernut
<br />or other approval issued by the appropriate governmental agencies:
<br />(a) promptly notify Trustee, the Envixonmental Protection Agency National Response Center aud the
<br />appropriate State Departrnent af Environmental Resowces,
<br />(b) take all steps necessary ta promptly clean up such discharge, spill, injection, escape, emxssian,
<br />disposal, leak or another release in accordance with the provisions of all applicable Environtnental
<br />� Laws, and
<br />(c) receive certification from the appropxiate StatB Departmant af Environmental Resources or
<br />Federal Environmental Pratect�on Agency that the Premises, and any other property affected, has
<br />been aleaned up to the satisfaction of those agencies.
<br />That Trustor shall and does hereby grant Trustee and Trustee's agents, employees, contractors and designees an
<br />irrevocabls license (caupl�d with an interest) to entea� the Premises from time to time to:
<br />(a) evaluate and mnnitar the Premises for compliance vvith all Environmental Laws and the terms of
<br />the Trust Deed,
<br />(b) to evaluate We presence of hazardous substances, and
<br />(c) to perform appropriate tests and test borings, including takiiag soil a�ad ground water samples.
<br />That Trustor shall provide Trustee with all notices and other cornmunications received from federal, state and
<br />local agencies az�d deparlments which enforce ac�d adrninister the Environmental Laws. From time to time Tcustor
<br />shall provide Trustee, upon request, any and aIl information requested by Trustea cqncerning the use of the Prernises
<br />and "Crusto�'s compliance with the Enuironmental Laws and the terms o£ this Trust Deed, including but nat lim�ited
<br />to, all licenses, permits and certificates, and the book and records pertainin$ to the Premises.
<br />That Trustor shall require that all tenants, subtenants, undersubtenants and other occupants of the Premises w
<br />use and occupy the Premises in strict compliance with the Env%ronmental Laws and the terms of this Trust Deed.
<br />That Trustor shall and does heceby release, indemnify, agree to pay on behalf of and hold harmless Trustee, its
<br />officers, directors, agents, employees, successors and assigns of, from and against any impositions imposed by any
<br />governmental authority for any lien or so-called "super priority lien" upon the Premises, as well as all losses, claims,
<br />costs, liabilitics, penalties, punitive dau�ages, causes of action, actions, demands, darnages, fines (civil or criminaI),
<br />penalties, expenses, clean-up costs, attorneys' fees and court costs, caused in whole or in part, regardless of fauit, by
<br />any past, present or future owner, occupier, tenants, subtenant, undersubtenant, licensee, gnest, or any other person
<br />or entity, including but not limited ta the Tevstor and Trustee, which may be incurred, suffered or sustained by
<br />Trustee, its officers, directors, successors or assigns, at any time, and fram time to time, whether before, during or
<br />after enforcement of its rights and remedies hereunder after the occurrence of an Event af Default and after payment
<br />of all sums secured hereby, by reasan of or arising from, in whole or in part;
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