|
limitation, the Comprehensive Environmental Response, Compensation
<br /> and Liability Act, the Resource Conservation and Recovery Act, the
<br /> Toxic Substances Control Act, the Clean Air Act and the Clean Water
<br /> Act . Grantor' s obligations under this Section shall survive a
<br /> foreclosure of or exercise of power of sale under this Deed of
<br /> Trust or delivery of a deed in lieu of foreclosure.
<br /> 1 . 11 Compliance with Laws . Grantor covenants and warrants
<br /> that the Property presently complies with and will continue to
<br /> comply with all applicable federal, state and/or local laws,
<br /> regulations and ordinances, including, without limitation, all
<br /> applicable health laws and regulations, which affect the Property
<br /> and the operations of Grantor on the Property. If Grantor receives
<br /> notice from any federal, state or other governmental body that it
<br /> is not in compliance with any such covenant, ordinance, code, law
<br /> or regulation, Grantor will provide Beneficiary with a copy of such
<br /> notice and comply with the provisions of such notice promptly.
<br /> 1 .12 Further Assurances . At any time and from time to time,
<br /> upon Beneficiary' s request, Grantor shall make, execute and
<br /> deliver, or cause to be made, executed and delivered, to
<br /> Beneficiary, and where appropriate shall cause to be recorded or
<br /> filed, and from time to time thereafter to be re-recorded and
<br /> refiled at such time and in such offices and places as shall be
<br /> deemed desirable by Beneficiary, any and all such further deeds of
<br /> trust, instruments or further assurances, certificates and other
<br /> documents as Beneficiary may consider necessary or desirable in
<br /> order to effectuate, complete, or perfect, or to continue and
<br /> preserve the obligations of Grantor under the Contract and this
<br /> Deed of Trust, and the lien and encumbrance of this Deed of Trust
<br /> as a lien and encumbrance upon all of the Property, whether now
<br /> owned or hereafter acquired by Grantor. Upon any failure by
<br /> Grantor do to so, Beneficiary may make, execute, record, file, re-
<br /> record or refile any and all such deeds of trust, instruments,
<br /> certificates and documents for and in the name of Grantor, and
<br /> Grantor hereby irrevocably appoints Beneficiary the agent and
<br /> attorney-in-fact of Grantor to do so.
<br /> 1. 13 Expenses and Indemnification. To the extent permitted
<br /> by law, Grantor will pay when due and payable all costs and
<br /> expenses of every character, including (without limitation)
<br /> reasonable attorneys' fees and expenses, which have been incurred
<br /> or which may hereafter be incurred by the Trustee or Beneficiary in
<br /> accordance with and subject to the provisions of the Contract or
<br /> this Deed of Trust, other than any costs or expenses arising out of
<br /> the acts or omissions (constituting negligence or wilful misconduct
<br /> on the part of) of Beneficiary or its officers and agents . To the
<br /> extent permitted by law, Grantor will, upon demand by Beneficiary,
<br /> reimburse Beneficiary for all such expenses which have been
<br /> incurred or which shall be incurred by it in connection with and
<br /> will indemnify and hold harmless Beneficiary from and against, and
<br /> reimburse it for, all claims, demands, liabilities, losses,
<br /> 6
<br />
|