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liability or standards of conduct concerning (i) pollution or protection of the environment,
<br />including natural resow-ces; (ii) exposure of persons, including employees and agents, to any
<br />Flazardous Material (as defined above) or other products, raw materials, chemicals or other
<br />substances; (iii) protection of the public health or welfare from the effects ofby-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial
<br />activities: (iv) the manufacture, use or introduction into commerce of chemical substances,
<br />including without limitation, their manufacture, formulation, labeling, distribution,
<br />transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or
<br />hazardous substances or Hazardous Materials or the remediation of air, surface waters,
<br />groundwaters or soil, as now or may at any later time be in effect, including but not limited to the
<br />Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental
<br />Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous
<br />Materials Transportation Authorization Act [49 U.S.C. Section S l O1, et seq.], the Resource
<br />Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control
<br />Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California
<br />Underground Storage of Hazardous Substances Act [California Health and Safety Code Section
<br />25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety
<br />Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety
<br />Code Section 25100, et seq.], the California Safe Drinking Water and Toxic IJnforcen~-ent Act
<br />[California Nealth and Safety Code Section 25249.5, et seq.], and the r otter-Cologne Water
<br />Quality Control Act [California Water Code Section 13000, et seq.], as the}' now exist fl- are
<br />hereafter amended, together with any regulations promulgated thereunder.
<br />7.1 1 Notice of Claims; Defense of Security; Reimbursement of Costs.
<br />a. Notice of Claims. Trustor shall provide written notice to Beneficiary o~~ar~y
<br />uninsw~ed or partially uninsured loss affecting the Property through fire, then, liabi4a}~, ~i
<br />property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within five (5 j
<br />business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall receive
<br />ti-nely notice of, and shall have a right to cure, any default under any other financing document
<br />or other lien affecting the Property and shall use best efforts to ensure that provisions mandating
<br />such notice and allowing such right to cure shall be included in all such documents. Within three
<br />business days of Trustor's receipt thereof, Trustor shall provide Beneficiary with a copy of any
<br />notice of default Trustor receives in connection with any financing document secured by the
<br />Property or any part thereof.
<br />b. Defense of Security. At Trustor's sole expense, Trustor shall protect, preserve and
<br />defend the Property and Citle to and right of possession of the Property, the security of this Deed
<br />of Trust and the rights and powers of Beneficiary and Trustee created under it, against all
<br />adverse claims.
<br />c. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable
<br />fees. costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or
<br />Trustee may render in connection with this Deed of Trust, including without limitation, fees and
<br />expenses related to provision of a statement of obligations or related to a reconveyance. Trustor
<br />further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which
<br />may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this
<br />957562-3 ~ ~
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