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<br /> POSSESSION AND MAINTENANCE OF THE I'ROPERTY. To protect the security of this .
<br /> . Decd of Trust,Grantor agrc:es that Urantor's possession and use of the Propc:rty shall be�ovemed � . :
<br /> by the following provisions: � "^' �
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<br /> Possessiom and Use. Until in default,Grantor may rcmain in possession and control of and ���;?=��:..�'.
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<br /> aperate an�i manage the Property and collect the Rents from the Property. � � :`��'°"`a'°`�
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<br /> Duty to Maintain. Grantorshal l maintainthe Property in tenantablecondition and promptly
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<br /> perform al l repairs,replacements,and maintenance necessary to preserve its value.
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<br /> HuzardousSubstances. The terms"h�zardous waste," "hazardous substance," "disposal," � ��
<br /> "release," and "threatened release," as used in this Deed of Trust, shall have the same � .
<br /> rneanings as set f'orth in the Cornprehensive Environmental Response,Compensation,and � -
<br /> Liability �1ct of 1980, as amended, 42 U.S.C. Section 9601, �Se�c. ("CBRCLA"), the �'•` -
<br /> Superfund Amendments and Reauthorization Act of 1986,Pub. L.No.99-499("SARA"). .��y�
<br /> � • the Hazardous Materialsl'ransportation Act.49 U.S.C.Section 1801,�Se .,the Resource _
<br /> Conservation and Recovery Act,49 U.S.�. Section 6901,es se�.,or other applicable state `ti.:,•'' �:_
<br /> � of federal laws,rules, or regulations adopted pursuant to any of the foregoing. Grantor g"
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<br /> represents and warrantsta Beneficiarythat: (i)during the period of Grantor's ownership of ��= "c"'-_
<br /> the Property,there has been no use,generation,manuiacture,stura�C,U�eatm�ni,dispasal, — -;_�,
<br /> release or threatened release of any liazardous waste or substance by any person on,under, : �y-
<br /> or about the Property; (ii) Grantor has no knowledge of,or reason to believe that there has � �...
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<br /> been,except as previously disclosed to and acknowledged by Beneficiary in writing,(a) any ,
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<br /> use,generation,manufacture,storage,treatment,disposal,release,or threatened release of ;,
<br /> any hazardous waste or suUstance by any prior owners or occupants of the Property,or(b) '' �i�-
<br /> ` any actual or threatened litigation or claims of any kind by any person relating to such �s ��
<br /> matters;(iii)exceptas previouslydisclosed to and acluiowled�ed by Beneficiary in writing, _
<br /> , (a)neither Grantor nor any tenant,contractor,a�ent or other authorized user of the Property _ _ -
<br /> `" shall use, generate,manufacture,store,treat,dispose of,or release any hazardous waste or =
<br /> substance on, under,or about the Property,and(b)any such activity shall be conducted in �_
<br /> compliance with all applicable federal, state, and local laws, regulations and ordinances, _�-_—
<br /> s� includin�, without limitation, those laws, regulations, and ordinances described above. �;;;;,_�_
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<br /> �. Grantorauthorizes Beneficiary and its a�ents to enter upon the Property to make inspections �����_
<br /> � and tests as Beneficiary may deem appropriate to determine compliance of the Property with ��-� _ _
<br /> this Sectian of the Deed of Trust. Any inspections or tests made by Beneficiary shall be for �=-._
<br /> Beneficiary's purposes only and shall not be construed to create any responsibility or]iability ;�;.y- ---;�,.
<br /> on the part of Beneficiary to Grantor or to any other persons. The representations and :�,.;r�;. � �, .
<br /> warranties contained hereinare based on Grantor's due diligence in investi�atingthe Property ``�.:��„j;.;,�,;.��'..;f �
<br /> for hazardous a�aste. Granton c�reby (i) releases and waives any future claims a�ainst -� �•:
<br /> Beneficiary for indemnity or contribution in the event Grantor becomes liable for cleanup �: ''`'�k';��
<br /> Ior other costs under any such laws, and (ii) agrees to indemnify and hold harmlcss �; �
<br /> I Beneticiary against any and nl l clt�ims,losses,liabilities,damages, penalties and expenses
<br /> which Bcneficiary may directly or indirectly sustain or sut�fer resulting f'rom a breach of this
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