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cancellation or reduction, file with Beneficiary a certificate showing that the required insurance
<br /> has been reinstated or provided through another insurance company or companies. Upon failure
<br /> to so file such certificate Beneficiary may, without further notice and at its option, procure such
<br /> insurance coverage at Trustor's expense, and Trustor shall promptly reimburse Beneficiary for
<br /> such expense upon receipt of billing from Beneficiary.
<br /> 7.1 1 Hazardous Materials. Trustor represents and warrants that except as disclosed to
<br /> Beneficiary in writing, as of the date hereof to the best knowledge of Trustor: (i) the Land is
<br /> free and has always been free of Hazardous Materials (as defined below) and is not and has
<br /> never been in violation of any Environmental Law (as defined below); (ii) there are no buried or
<br /> partially buried storage tanks located on the Land; (iii) Trustor has received no notice, warning,
<br /> notice of violation, administrative complaint, judicial complaint, or other formal or informal
<br /> notice alleging that conditions on the Land are or have ever been in violation of any
<br /> Environmental Law or informing Trustor that the Land is subject to investigation or inquiry
<br /> regarding Hazardous Materials on the Land or the potential violation of any Environmental Law;
<br /> (iv) there is no monitoring program required by the Environmental Protection Agency or any
<br /> other governmental agency concerning the Land; (v) no toxic or hazardous chemicals, waste, or
<br /> substances of any kind have ever been spilled, disposed of or stored on, under or at the Land,
<br /> whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any
<br /> other means; (vi) the Land has never been used as a dump or landfill; and (vii) Trustor has
<br /> disclosed to Beneficiary all information, records, and studies in Trustor's possession or
<br /> reasonably available to Trustor relating to the Land concerning Hazardous Materials.
<br /> Trustor shall not cause or permit any Hazardous Material (as defined below) to be
<br /> brought upon, kept, stored or used in, on, under, or about the Land by Trustor, its agents,
<br /> employees, contractors or invitees except for incidental supplies ordinarily used in connection
<br /> with the construction, rehabilitation, repair, and operation of residential developments and in
<br /> compliance with all applicable laws, and shall not cause any release of Hazardous Materials into,
<br /> onto, under or through the Land. If any Hazardous Material is discharged, released, dumped, or
<br /> spilled in, on, under, or about the Land and results in any contamination of the Land or adjacent
<br /> property, or otherwise results in the release or discharge of Hazardous Materials in, on, under or
<br /> from the Land, Trustor shall promptly take all actions at its sole expense as are necessary to
<br /> comply with all Environmental Laws (as defined below).
<br /> To the fullest extent permitted by law, Trustor shall indemnify, defend (with counsel
<br /> reasonably acceptable to Beneficiary), and hold Beneficiary and its elected and appointed
<br /> officials, officers, agents and employees (collectively, "lndemnitees") harmless from and against
<br /> any and all loss, claim, liability, damage, demand, judgment, order, penalty, fine, injunctive or
<br /> other relief, cost, expense (including reasonable fees and expenses of attorneys, expert witnesses,
<br /> and other professionals advising or assisting Beneficiary), action, or cause of action (all of the
<br /> foregoing, hereafter individually "Claim" and collectively "Claims ") arising in connection with
<br /> the breach of Trustor's covenants and obligations set forth in this Section 7.1 1 or otherwise
<br /> arising in connection with the presence or release of Hazardous Materials in, on, under, or from
<br /> the Property. The foregoing indemnity includes, without limitation, all costs of investigation,
<br /> assessment, containment, removal, remediation of any kind, and disposal of Hazardous Materials,
<br /> all costs of determining whether the Land is in compliance with Environmental Laws, all costs
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