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96314544
<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 its food processing business are
<br />discharged, released, dumped, or spilled on, under, or about the Property after
<br />Borrower 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
<br />the Property of Hazardous Materials, Borrower shall promptly take all actions at its
<br />sole expense as are necessary to comply with, and in accordance with, all Hazardous
<br />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 seq.), the Hazardous Materials
<br />Transportation Act, as amended (49 U.S.C. §1801 et se .), the Resource
<br />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
<br />California Health & 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 />thereon, at the Note rate, shall become additional indebtedness of Borrower secured
<br />by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment,
<br />such amounts shall be payable upon notice from Lender to Borrower requesting
<br />Daniel Woolery Page 4 of 10
<br />Deed of Trust November 15, 1996
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