in whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to
<br /> properly perfect any lien or security interest given as security for the Secured Obligations.
<br /> The provisions of this Section 7.9 shall be in addition to any and all other obligations and
<br /> liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled to
<br /> indemnification under this Section without regard to whether Beneficiary or that [ndemnitee has
<br /> exercised any rights against the Property or any other security, pursued any rights against any
<br /> guarantor or other party, or pursued any other rights available under the Agency Documents or
<br /> applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall
<br /> survive any repa}mment or discharge of the Secured Obligations, any foreclosure proceeding, any
<br /> foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the
<br /> lien of this Deed of Trust.
<br /> Without limiting any of the remedies provided in this Deed of Trust, Trustor
<br /> acknowledges and agrees that each of the provisions in this Section 7.9 is an environmental
<br /> provision (as defined in Section 736(0(2) of the California Code of Civil Procedure) made by
<br /> Tnistor relating to real property security ( "Environmental Provisions "), and that Trustor's
<br /> failure to comply with any of the Environmental Provisions will be a breach of contract that will
<br /> entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of
<br /> Civil Procedure ( "Section 736 ") for the recovery of damages and for the enforcement of the
<br /> Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of
<br /> damages or enforcement of the Environmental Provisions shall not constitute an action within
<br /> the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money
<br /> judgment for a deficiency or a deficiency judgment within the meauiug of Sections 580a, 580b,
<br /> 580d, or 726(b) of the California Code of Civil Procedure. Trustor's indemnity obligations
<br /> under this Section will not extend to Claims resulting solely from Indemnitees' gross negligence
<br /> or willful misconduct.
<br /> "Environmental Law" means all federal, state or local statutes, ordinances, rules,
<br /> • regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions
<br /> of permits, licenses and other operating authorizations regulating, or relating to, or imposing
<br /> liability or standards of conduct concerning (i) pollution or protection of the environment,
<br /> including natural resources; (ii) exposure of persons, including employees and agents, to any
<br /> Hazardous 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 of by- 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 5101, 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 /> 518010 -4 9
<br />
|