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(ii) To the County's knowledge, the Mortgaged Property is in <br />compliance with all federal, State and local environmental laws and regulations. • <br />The County will keep the Mortgaged Property, and the activities at the Mortgaged <br />Property, in compliance with all such envirorunental laws and. regulations. The <br />County will, in a timely manner, take all lawful action necessary to maintain such <br />compliance or to remedy any lack of such compliance. Any hazardous materials or <br />substances kept on the Mortgaged Property will be used in the routine <br />maintenance and operation of the Facilities and the Site and will be used in <br />accordance with label instructions. <br />(iii) The County will promptly notify the Company of any change in the <br />nature or extent of any hazardous materials, substances or wastes maintained on, <br />in or under the Mortgaged Property or used in connection therewith, and will <br />promptly send to the Company copies of any citations, orders, notices or other <br />material governmental or other communication received with respect to any other <br />hazardous materials, substances, wastes or other environmentally regulated <br />substances affecting the Mortgaged Property. <br />(b) To the extent permitted by law, the County will indemnify and hold the <br />Company and the Deed of Trust Trustee harmless from and against (i) any and all <br />damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean-up costs), <br />judgments and expenses (including attorneys', consultants' or experts' fees and expenses) • <br />of every kind and nature suffered by or asserted against the Company or the Deed of <br />Trust Trustee as a direct or indirect result of any warranty or representation made by the <br />County in subsection (a) being false or untrue in any material .respect, or (ii) any <br />requirement under any law or regulation which requires the elimination or removal of any <br />hazardous materials, substances, wastes or other environmentally regulated substances by <br />the Company, the County or any transferee or assignee of the County of the Company. <br />(c) The County's obligations under this Section will continue in effect <br />notwithstanding satisfaction of the Obligations or foreclosure under this Deed of Trust or <br />delivery of a deed in lieu of foreclosure. <br />4. The Deed of Trust Trustee <br />4-1 Deed of Trust Trustee' Liability. The Deed of Trust Trustee will <br />suffer no liability by virtue of [her] acceptance of this trust except such as may be <br />incurred as a result of any failure on [her] part to account for the proceeds of any sale <br />under this Deed of Trust. <br />4-2 Substitute Trustees. If the Deed of Trust Trustee dies, becomes <br />incapable of acting or renounces [her] trust, or if for any reason the Company desires to • <br />replace the Deed of Trust Trustee, then the Company has the unqualified right to appoint <br />one or more substitute or successor Deed of Trust Trustees by instruments filed .for <br />registration in the office of the Register of Deeds where this Deed of Trust is recorded. <br />s <br />