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<br /> • Property, and sums paid in settlement of claims, attorneys' fees, consultant fees and
<br /> expert fees) which arise during or after the term of this Deed of Trust as a result of
<br /> such breach, contamination, discharge, or release. This indemnification of Lender by
<br /> Borrower includes, without limitation, costs incurred in connection with any
<br /> investigation of site conditions or any cleanup, remedial, removal or restoration work
<br /> required by any federal, state or local governmental agency or political subdivision
<br /> because of Hazardous Materials present in, on or under the Property or adjacent
<br /> • property caused by or a result of Borrower's activities. This indemnification
<br /> specifically excludes hazardous materials on the Property as a result of prior
<br /> occupant. If any Hazardous Materials unrelated to new and used automobile
<br /> dealership business are discharged, released, dumped, or spilled on, under, or about
<br /> the Property after Borrower obtains ownership and results in any contamination of
<br /> the Property or adjacent property, or otherwise results in the release or discharge on,
<br /> under or from the Property of Hazardous Materials, Borrower shall promptly take all
<br /> • actions at its sole expense as are necessary to comply with, and in accordance with, all
<br /> Hazardous Materials Laws.
<br /> For the purpose of this paragraph 5, the term "Hazardous Materials" includes,
<br /> without limitation, any flammable explosives, radioactive materials, hazardous
<br /> materials, hazardous wastes, hazardous or toxic substances, or related materials
<br /> defined in the Comprehensive Environmental Response, Compensation and Liability
<br /> Act of 1980, as amended (42 U.S.C. §9601 IQ.), the Hazardous Materials
<br /> Transportation Act, as amended (49 U.S.C. §1801 ems.), the Resource
<br /> Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 ES, seq.),
<br /> Section 25117 of the California Health & Safety Code, Section 25316 of the
<br /> California Health & Safety Code, and in the regulations adopted and publications
<br /> promulgated pursuant to them, 'or any other federal, state, or local environmental
<br /> laws, ordinances, rules, or regulations concerning the environment, industrial hygiene
<br /> or public health or safety now in effect or enacted after this date.
<br /> 6. Protection of Lender's Security. If Borrower fails to perform the
<br /> covenants and agreements contained in this Deed of Trust, or if any action or
<br /> proceeding is commenced which materially affects Lender's interest in the Property,
<br /> then Lender, at Lender's option, upon notice to Borrower, may make such
<br /> appearances, disburse such sums, including reasonable attorney's fees, and take such
<br /> action as is necessary to protect Lender's interest.
<br /> Any amounts disbursed by Lender pursuant to this paragraph 6, with interest
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<br /> Redevelopment Agency (Automall)
<br /> Deed of Trust
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<br /> October 2, 1996 Page 4 of 10
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