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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 in Section 9.3 of the <br />Loan Agreement) to be brought upon, kept, stored or used in, on, under, or about the Land by <br />Trustor, its agents, employees, contractors or invitees except for incidental supplies ordinarily <br />used in the construction and operation of residential developments in compliance with all <br />applicable laws, and shall not cause any release of Hazardous Materials into, onto, under or <br />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 <br />otherwise results in the release or discharge of Hazardous Materials in, on, under or from the <br />Land, Trustor shall promptly take all actions at its sole expense as are necessary to comply with <br />all Environmental Laws (as defined below). <br />Trustor shall indemnify, defend (with counsel reasonably acceptable to Beneficiary), and <br />hold Beneficiary and its elected and appointed officials, officers, agents and employees <br />(collectively, "lndemnitees") harmless from and against any and all loss, claim, liability, damage, <br />demand, judgment, order, penalty, fine, injunctive or other relief, cost, expense (including <br />reasonable fees and expenses of attorneys, expert witnesses, and other professionals advising or <br />assisting Beneficiary), action, or cause of action (all of the foregoing, hereafter individually <br />"Claim" and collectively "Claims") arising in connection with the breach of Trustor's covenants <br />and obligations set forth in this Section 7.10 or otherwise arising in connection with the presence <br />or release of Hazardous Materials in, on, under, or from the Property. The foregoing indemnity <br />includes, without limitation, all costs of investigation, assessment, containment, removal, <br />remediation of any kind, and disposal of Hazardous Materials, all costs of determining whether <br />the Land is in compliance with Environmental Laws, all costs associated with bringing the Land <br />into compliance with all applicable Environmental Laws, and all costs associated with claims for <br />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 <br />expense, do all of the following: <br />a. pay or satisfy any judgment or decree that may be entered against any Indemnitee <br />or Indemnitees in any legal or administrative proceeding incident to any matters against which <br />Indemnitees are entitled to be indemnified under this Deed of Trust; <br />b. reimburse Indemnitees for any expenses paid or incurred in connection with any <br />matters against which Indemnitees are entitled to be indemnified under this Deed of Trust; and <br />2890663. l 8