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restore promptly and in good and workmanlike manner any building which may be constructed,
<br />damaged, or destroyed thereon and to pay when due all claims for labor performed and
<br />materials furnished therefor; to comply with all laws affecting the Property or requiring any
<br />alterations or improvements to be made thereon; not to commit or permit waste thereof; not to
<br />commit, suffer, or permit any act upon the Property in violation of law; to cultivate, irrigate,.
<br />fertilize, fumigate, prune, and do all other acts which from the character or use of the Property
<br />may be reasonably necessary, the specific enumerations herein not excluding the general.
<br />2. Hazardous Materials. Trustor shall not cause or permit any Hazardous Materials
<br />(as hereinafter defined) to be brought upon, kept or used in or about the Property by Trustor, its
<br />agents, employees, contractors or invitees.
<br />Trustor shall indemnify, defend (with counsel approved by Beneficiary) and hold
<br />Beneficiary harmless from and against any and all claims, judgments, damages, penalties, fines,
<br />costs, liabilities and losses (including, without limitation, diminution in value of the Property, and
<br />sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise
<br />during or after the term of this Deed of Trust as a result of any breach, contamination, discharge,
<br />or release of Hazardous Materials. This indemnification of Beneficiary by Trustor includes,
<br />without limitation, costs incurred in connection with any investigation of site conditions or any
<br />cleanup, remedial, removal or restoration work required by any federal, state or local
<br />governmental agency or political subdivision because of Hazardous Materials .present in, on or
<br />under the Property or adjacent property caused by or a result of Trustor's activities. This
<br />indemnification specifically excludes hazardous materials on the Property as a result of prior
<br />occupant. If any Hazardous Materials are discharged, released, dumped, or spilled on, under,
<br />or about the Property after Trustor obtains ownership and results in any contamination of the
<br />Property or adjacent property, or otherwise results in the release or discharge on, under or from
<br />the Property of Hazardous Materials, Trustor shall promptly take all actions at its sole expense
<br />as are necessary to comply with, and in accordance with, all Hazardous Materials Laws.
<br />The term "Hazardous Materials" includes, without limitation, any flammable explosives,
<br />radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances,
<br />or related materials defined in the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended (42 U.S.C. '9601 et seq), the Hazardous Materials
<br />Transportation Act, as amended (49 U.S.C. '1801 et sec{), the Resource Conservation and
<br />Recovery Act of 1976, as amended (42 U.S.C. '6901 et seq), Section 25117 of the California
<br />Health & Safety Code, Section 25316 of the Califomia Health & Safety Code, and in the
<br />regulations adopted and publications promulgated pursuant to them, or any other federal, state,
<br />or local environmental laws, ordinances, rules, or regulations concerning the environment,
<br />industrial hygiene or public health or safety now in effect or enacted after this date, but excludes
<br />materials used in compliance with the law in the construction and operation of the Project.
<br />3. Charges; Liens. Trustor shall pay at least ten days before delinquency all taxes
<br />and assessments affecting the Property, including assessments on appurtenant water stock;
<br />when due, all encumbrances, charges, and liens, with interest, on the Property or any part
<br />thereof, which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust.
<br />Trustor shall give prompt notice to Beneficiary of any default under any mortgage, deed of trust
<br />or other security agreement with a lien on the Property.
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