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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, "Indemnitees") 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 />C. reimburse Indemnitees for any and all expenses, including without limitation out-
<br />of-pocket expenses and fees of attorneys and expert witnesses, paid or incurred in connection
<br />with the enforcement by Indemnitees of their rights under this Deed of Trust, or in monitoring
<br />and participating in any legal or administrative proceeding.
<br />Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired by any
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