of the following, or by any failure of Trustor to receive notice of or consideration for any of the
<br />following: (i) any amendment or modification of any City Document; (ii) any extensions of time
<br />for performance required by any City Document; (iii) any provision in any of the City
<br />Documents limiting Beneficiary's recourse to property securing the Secured Obligations, or
<br />limiting the personal liability of Trustor, or any other party for payment of all or any part of the
<br />Secured Obligations; (iv) the accuracy or inaccuracy of any representation and warranty made by
<br />Trustor under this Deed of Trust or by Trustor or any other party under any City Document, (v)
<br />the release of Trustor or any other person, by Beneficiary or by operation of law, from
<br />performance of any obligation under any City Document; (vi) the release or substitution in whole
<br />or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to properly
<br />perfect any lien or security interest given as security for the Secured Obligations.
<br />The provisions of this Section 7.10 shall be in addition to any and all other obligations
<br />and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled
<br />to indemnification under this Section without regard to whether Beneficiary or that Indemnitee
<br />has exercised any rights against the Property or any other security, pursued any rights against any
<br />guarantor or other party, or pursued any other rights available under the City Documents or
<br />applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall
<br />survive any repayment or discharge of the Secured Obligations, any foreclosure proceeding, any
<br />foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the
<br />lien of this Deed of Trust.
<br />Without limiting any of the remedies provided in this Deed of Trust, Trustor
<br />acknowledges and agrees that each of the provisions in this Section 7.10 is an environmental
<br />provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by
<br />Trustor relating to real property security (the "Environmental Provisions"), and that Trustor's
<br />failure to comply with any of the Environmental Provisions will be a breach of contract that will
<br />entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of
<br />Civil Procedure ("Section 736") for the recovery of damages and for the enforcement of the
<br />Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of
<br />damages or enforcement of the Environmental Provisions shall not constitute an action within
<br />the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money
<br />judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b,
<br />580d, or 726(b) of the California Code of Civil Procedure.
<br />"Environmental Law" means all federal, state or local statutes, ordinances, rules,
<br />regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions
<br />of permits, licenses and other operating authorizations regulating, or relating to, or imposing
<br />liability or standards of conduct concerning (i) pollution or protection of the environment,
<br />including natural resources; (ii) exposure of persons, including employees and agents, to any
<br />Hazardous Material (as defined above) or other products, raw materials, chemicals or other
<br />substances; (iii) protection of the public health or welfare from the effects of by-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial
<br />activities; (iv) the manufacture, use or introduction into commerce of chemical substances,
<br />including without limitation, their manufacture, formulation, labeling, distribution,
<br />transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or
<br />hazardous substances or Hazardous Materials or the remediation of air, surface waters,
<br />of
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