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constructed, damaged, or destroyed thereon and to pay when due all claims for labor
<br />performed and materials furnished therefor; to comply with all laws affecting the Property
<br />or requiring any alterations or improvements to be made thereon; not to commit or permit
<br />waste thereof; not to commit, suffer, or permit any act upon the Property in violation of law;
<br />to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the
<br />character or use of the Property may be reasonably necessary, the specific enumerations
<br />herein not excluding the general.
<br />2. Hazardous Materials. Trustor shall not cause or permit any Hazardous Materials (as
<br />hereinafter defined) to be brought upon, kept or used in or about the Property by Trustor,
<br />its agents, employees, contractors or invitees.
<br />Trustor shall indemnify, defend (with counsel approved by Beneficiary) and hold
<br />Beneficiary harmless from and against any and all claims, judgments, damages, penalties,
<br />fines, costs, liabilities and losses (including, without limitation, diminution in value of the
<br />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 any
<br />breach, contamination, discharge, or release of Hazardous Materials. This indemnification
<br />of Beneficiary by Trustor 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 property
<br />caused by or a result of Trustor's activities. This indemnification specifically excludes
<br />hazardous materials on the Property as a result of prior occupant. If any Hazardous
<br />Materials are discharged, released, dumped, or spilled on, under, or about the Property
<br />after Trustor obtains ownership and results in any contamination of the Property or
<br />adjacent property, or otherwise results in the release or discharge on, under or from the
<br />Property of Hazardous Materials, Trustor shall promptly take all actions at its sole expense
<br />as are necessary to comply with, and in accordance with, all Hazardous Materials Laws.
<br />The term "Hazardous Materials" includes, without limitation, any flammable explosives,
<br />radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic
<br />substances, or related materials defined in the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601 et seq.), the
<br />Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801 et sec.), the
<br />Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 et seq.),
<br />Section 25117 of the California Health & Safety Code, Section 25316 of the California
<br />Health & Safety Code, and in the regulations adopted and publications promulgated
<br />pursuant to them, or any other federal, state, or local environmental laws, ordinances,
<br />rules, or regulations concerning the environment, industrial hygiene or public health or
<br />safety now in effect or enacted after this date, but excludes materials used in compliance
<br />with the law in the construction and operation of the Project.
<br />3. Charges; Liens. Trustor shall pay at least ten days before delinquency all taxes and
<br />assessments affecting the Property, including assessments on appurtenant water stock;
<br />when due, all encumbrances, charges, and liens, with interest, on the Property or any part
<br />thereof, which appear to be prior or superior hereto; all costs, fees, and expenses of this
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