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Property, and sums paid in settlement of claims, attorneys' fees, consultant fees and
<br />expert fees) which arise during or after the term of this Deed of Trust as a result of
<br />such breach, contamination, discharge, or release. This indemnification of Lender by
<br />Borrower includes, without limitation, costs incurred in connection with any
<br />investigation of site conditions or any cleanup, remedial, removal or restoration work
<br />required by any federal, state or local governmental agency or political subdivision
<br />because of Hazardous Materials present in, on or under the Property or adjacent
<br />property caused by or a result of Borrower's activities. This indemnification
<br />specifically excludes hazardous materials on the Property as a result of prior
<br />occupant. If any Hazardous Materials unrelated to new and used automobile
<br />dealership business are discharged, released, dumped, or spilled on, under, or about
<br />the Property after Borrower obtains ownership and results in any contamination of
<br />the Property or adjacent property, or otherwise results in the release or discharge on,
<br />under or from the Property of Hazardous Materials, Borrower shall promptly take all
<br />actions at its sole expense as are necessary to comply with, and in accordance with, all
<br />Hazardous Materials Laws.
<br />For the purpose of this paragraph 5, the term "Hazardous Materials" includes,
<br />without limitation, any flammable explosives, radioactive materials, hazardous
<br />materials, hazardous wastes, hazardous or toxic substances, or related materials
<br />defined in the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, as amended (42 U.S.C. §9601 et eq.), the Hazardous Materials
<br />Transportation Act, as amended (49 U.S.C. §1801 et tq.), the Resource
<br />Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 el ems.),
<br />Section 25117 of the California Health S& Safety Code, Section 25316 of the
<br />California Health SL Safety Code, and in the regulations adopted and publications
<br />promulgated pursuant to them, or any other federal, state, or local environmental
<br />laws, ordinances, rules, or regulations concerning the environment, industrial hygiene
<br />or public health or safety now in effect or enacted after this date.
<br />6. Protection of Lender's Security. If Borrower fails to perform the
<br />covenants and agreements contained in this Deed of Trust, or if any action or
<br />proceeding is commenced which materially affects Lender's interest in the Property,
<br />then Lender, at Lender's option, upon notice to Borrower, may make such
<br />appearances, disburse such sums, including reasonable attorney's fees, and take such
<br />action as is necessary to protect Lender's interest.
<br />Any amounts disbursed by Lender pursuant to this paragraph 6, with interest
<br />Redevelopment Agency (Automall)
<br />Deed of Trust
<br />October 2, 1996
<br />Page 4 of 10
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