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7.11 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 free and has
<br /> always been free of Hazardous Materials (as defined below) and is not and has never been in violation of
<br /> any Environmental Law(as defined below); (ii) there are no buried or partially buried storage tanks located
<br /> on the Land; (iii) Trustor has received no notice, warning, notice of violation, administrative complaint,
<br /> judicial complaint, or other formal or informal notice alleging that conditions on the Land are or have ever
<br /> been in violation of any Environmental Law or informing Trustor that the Land is subject to investigation or
<br /> inquiry regarding Hazardous Materials on the Land or the potential violation of any Environmental Law; (iv)
<br /> there is no monitoring program required by the Environmental Protection Agency or any other
<br /> governmental agency concerning the Land; (v) no toxic or hazardous chemicals, waste, or substances of
<br /> any kind have ever been spilled, disposed of, or stored on, under or at the Land, whether by accident,
<br /> burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the Land has
<br /> never been used as a dump or landfill; and (vii) Trustor has disclosed to Beneficiary all information,
<br /> records, and studies in Trustor's possession or reasonably available to Trustor relating to the Land
<br /> concerning Hazardous Materials. Beneficiary acknowledges that Beneficiary has received copies of the
<br /> following environmental reports: Limited Asbestos and Lead Survey with Biological Investigation.
<br /> Trustor shall not cause or permit any Hazardous Material (as defined below) to be brought upon,
<br /> kept, stored or used in, on, under, or about the Land by Trustor, its agents, employees, contractors or
<br /> invitees except for incidental supplies ordinarily used in connection with the business of Trustor and in
<br /> compliance with all applicable laws, and shall not cause any release of Hazardous Materials into, onto,
<br /> under or through the Land. If any Hazardous Material is discharged, released, dumped, or spilled in, on,
<br /> under, or about the Land and results in any contamination of the Land or adjacent property, or otherwise
<br /> results in the release or discharge of Hazardous Materials in, on, under or from the Land, Trustor shall
<br /> promptly take all actions at its sole expense as are necessary to comply with all Environmental Laws (as
<br /> defined below).
<br /> Trustor shall indemnify, defend (with counsel reasonably acceptable to Beneficiary), and hold
<br /> Beneficiary and its elected and appointed officials, officers, agents and employees (collectively,
<br /> "Indemnitees") harmless from and against any and all loss, claim, liability, damage, demand,judgment,
<br /> order, penalty, fine, injunctive or other relief, cost, expense (including reasonable fees and expenses of
<br /> attorneys, expert witnesses, and other professionals advising or assisting Beneficiary), action, or cause of
<br /> action (all of the 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 7.11 or otherwise arising in
<br /> connection with the presence or release of Hazardous Materials in, on, under, or from the Property, provided
<br /> that no Indemnitee shall be entitled to indemnification under this Section for matters caused by such
<br /> Indemnitee's gross negligence or willful misconduct. The foregoing indemnity includes, without limitation, all
<br /> costs of investigation, assessment, containment, removal, remediation of any kind, and disposal of
<br /> Hazardous Materials, all costs of determining whether the Land is in compliance with Environmental Laws,
<br /> all costs associated with bringing the Land into compliance with all applicable Environmental Laws, and all
<br /> costs associated with claims for damages or injury to persons, property, or natural resources.
<br /> Without limiting the generality of the foregoing, Trustor shall, at Trustor's own cost and expense, do
<br /> all of the following:
<br /> a. pay or satisfy any judgment or decree that may be entered against any Indemnitee or
<br /> Indemnitees in any legal or administrative proceeding incident to any matters against which Indemnitees are
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