|
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
|