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ARTICLE VI
<br />HAZARDOUS MATERIALS
<br />Trustor shall keep and maintain the Property in compliance with, and shall not cause or
<br />permit the Property to be in violation of any federal, state or local laws, ordinances or regulations
<br />relating to industrial hygiene or to the environmental conditions on, under or about the Property
<br />including, but not limited to, soil and ground water conditions. Trustor shall not use, generate,
<br />manufacture, store or dispose of on, under, or about the Property or transport to or from the Property
<br />any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related
<br />materials, including without limitation, any substances defined as or included in the definition of
<br />"hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" under any
<br />applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous
<br />Materials") except such of the foregoing as are used in construction of the improvements to be
<br />constructed on the Property or as may be customarily kept and used in and about residential
<br />property.
<br />Trustor shall immediately advise Beneficiary in writing if at any time it receives written
<br />notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions
<br />instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal,
<br />state or local laws, ordinances, or regulations relating to any Hazardous Materials, ("Hazardous
<br />Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the
<br />Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from
<br />any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to
<br />as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on
<br />any real property adjoining or in the vicinity of the Property that could cause the Property or any part
<br />thereof to be classified as "border -zone property" under the provision of California Health and
<br />Safety Code, Sections 25220 et seq. or any regulation adopted in accordance therewith, or to be
<br />otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the
<br />Property under any Hazardous Materials Law.
<br />Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal
<br />proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its
<br />reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold
<br />harmless Beneficiary and its councilmembers, supervisors, directors, officers, employees, agents,
<br />successors and assigns from and against any loss, damage, cost, expense or liability directly or
<br />indirectly arising out of or attributable to the use, generation, storage, release, threatened release,
<br />discharge, disposal, or presence of Hazardous Materials on, under, or about the Property including
<br />without limitation: (a) the costs of any required or necessary repair, cleanup or detoxification of the
<br />Property and the preparation and implementation of any closure, remedial or other required plans;
<br />and (b)) all reasonable costs and expenses incurred by Beneficiary in connection with clause (a),
<br />including but not limited to reasonable attorneys' fees.
<br />Without Beneficiary's prior written consent, which shall not be unreasonably withheld,
<br />Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on,
<br />under or about the Property, nor enter into any settlement agreement, consent decree, or other
<br />compromise in respect to any Hazardous Material Claims, which remedial action, settlement,
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