| 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
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