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2. Hazardous Materials. Trustor shall not cause or permit any Hazardous Materials
<br />(as hereinafter defined) to be brought upon, kept or used in or about the Property by Trustor, its
<br />agents, employees, contractors or invitees in violation of applicable law.
<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, fines,
<br />costs, liabilities and losses (including, without limitation, diminution in value of the Property,
<br />and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which
<br />arise during or after the term of this Deed of Trust as a result of any breach, contamination,
<br />discharge, or release of Hazardous Materials. This indemnification of Beneficiary by Trustor
<br />includes, without limitation, costs incurred in connection with any investigation of site
<br />conditions or any cleanup, remedial, removal or restoration work required by any federal, state or
<br />local governmental agency or political subdivision because of Hazardous Materials present in, on
<br />or under the Property or adjacent property caused by or as a result of Trustor's activities. This
<br />indemnification specifically excludes hazardous materials on the Property as a result of prior
<br />occupant, the Trustee, or the Beneficiary. If any Hazardous Materials are discharged, released,
<br />dumped, or spilled on, under, or about the Property after Trustor obtains ownership and results in
<br />any contamination of the Property or adjacent property, or otherwise results in the release or
<br />discharge on, under or from the Property of Hazardous Materials, Trustor 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 />The term "Hazardous Materials" includes, without limitation, any flammable explosives,
<br />radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or
<br />related materials defined in the Comprehensive Environmental Response, Compensation and
<br />Liability 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 seq.), the Resource Conservation and
<br />Recovery Act of 1976, as amended (42 U.S.C. §6901 et seq.), Section 25117 of the California
<br />Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the
<br />regulations adopted and publications promulgated pursuant to them, or any other federal, state, or
<br />local environmental laws, ordinances, rules, or regulations concerning the environment,
<br />industrial hygiene or public health or safety now in effect or enacted after this date, but excludes
<br />materials used in compliance 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
<br />and assessments affecting the Property, when due, all encumbrances, charges, and liens, with
<br />interest, on the Property or any part thereof, which appear to be prior or superior hereto; all costs,
<br />fees, and expenses of this Trust. Trustor shall give prompt notice to Beneficiary of any default
<br />under any mortgage, deed of trust or other security agreement with a lien on the Property.
<br />4. Defense of Security. Trustor agrees to appear in and defend any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or
<br />Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees
<br />in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may
<br />appear.
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