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Trustor covenants that it is lawfully seized of the estate hereby conveyed and
<br /> has the right to grant and convey the Property, and that, to the best of Trustor's
<br /> knowledge, the Property is unencumbered except for encumbrances of record.
<br /> Trustor warrants and will defend generally the title to the Property against all claims
<br /> and demands, subject to encumbrances of record.
<br /> A. To protect the security of this Deed of Trust. Trustor agrees as follows:
<br /> 1. Preservation and Maintenance of Property. Trustor agrees to keep the
<br /> Property in good condition and repair; not to remove or demolish any building
<br /> thereon; to complete or restore promptly and in good and workmanlike manner any
<br /> building which may be constructed, damaged, or destroyed thereon and to pay when
<br /> due all claims for labor performed and materials furnished therefor; to comply with all
<br /> laws affecting the Property or requiring any alterations or improvements to be made
<br /> thereon; not to commit or permit waste thereof; not to commit, suffer, or permit any
<br /> act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate,
<br /> prune, and do all other acts which from the character or use of the Property may be
<br /> reasonably necessary, the specific enumerations herein not excluding the general.
<br /> 2. Hazardous Materials. Trustor shall not cause or permit any Hazardous
<br /> Materials (as hereinafter defined) to be brought upon, kept or used in or about the
<br /> Property by Trustor, its agents, employees, contractors or invitees.
<br /> Trustor shall indemnify, defend (with counsel approved by Beneficiary) and
<br /> hold Beneficiary harmless from and against any and all claims, judgments, damages,
<br /> penalties, fines, costs, liabilities and losses (including, without limitation, diminution
<br /> in value of the Property, and sums paid in settlement of claims, attorneys' fees,
<br /> consultant fees and expert fees) which arise during or after the term of this Deed of
<br /> Trust as a result of any breach, contamination, discharge, or release of Hazardous
<br /> Materials. This indemnification of Beneficiary by Trustor includes, without
<br /> limitation, costs incurred in connection with any investigation of site conditions or
<br /> any cleanup, remedial, removal or restoration work required by any federal, state or
<br /> local governmental agency or political subdivision because of Hazardous Materials
<br /> present in, on or under the Property or adjacent property caused by or a result of
<br /> Trustor's activities. This indemnification specifically excludes hazardous materials on
<br /> the Property as a result of prior occupant. If any Hazardous Materials are discharged,
<br /> released, dumped, or spilled on, under, or about the Property after Trustor obtains
<br /> ownership and results in any contamination of the Property or adjacent property, or
<br /> otherwise results in the release or discharge on, under or from the Property of
<br /> Hazardous Materials, Trustor shall promptly take all actions at its sole expense as are
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