|
Rev August 8, 2018
<br />provisions of the Permits and will continue to comply with the terms and provisions of the
<br />Permits; (h) Grantor shall immediately give the Beneficiary oral and written notice in the event
<br />that Grantor receives any notice from any governmental agency, entity, or any other party with
<br />regard to Hazardous Materials on, from or affecting. the Premises. and shall conduct and
<br />complete all investigations, sampling, and testing, and all remedial, removal, and other actions
<br />necessary to clean up and remove all Hazardous Materials on, from or affecting the Premises in
<br />accordance with all applicable Environmental Laws. Grantor hereby agrees to indemnify the
<br />Beneficiary and hold the Beneficiary harmless from and against any and all losses, liabilities,
<br />damages, injuries (including, without limitation, attorneys' fees) and claims of any and every
<br />kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary for, with respect
<br />to, or as a direct or indirect result of (a) the presence on, or under, or the escape, spillage,
<br />emission or release from the Premises of any Hazardous Material regardless of whether or
<br />not caused by or within the control of Grantor, (b) the violation of any Environmental Laws
<br />relating to or affecting the Premises, whether or not caused by or within the control of
<br />Grantor, (c) the failure by Grantor to comply fully with the terms and provisions of this
<br />paragraph, or (d) any warranty or representation made by Grantor in this paragraph being
<br />false or untrue in any material respect. For purposes of this Deed of Trust, "Hazardous
<br />Material" means and includes petroleum products, any flammable explosives, radioactive
<br />materials, asbestos or any material containing asbestos, and/or any hazardous, toxic or
<br />dangerous waste, substance or material defined as such in (or for the purpose of) the
<br />Environmental Laws. For the purposes of this Deed of Trust, "Environmental Laws" means
<br />the Comprehensive Environmental Response, Compensation and Liability Act, the
<br />Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act, any
<br />"Super Fund" or "Super Lien" law, or any other federal, state, -'or local law, regulation or
<br />decree regulating, relating to or imposing liability or standards of conduct concerning any
<br />petroleum products, any flammable explosives, radioactive materials, asbestos or any
<br />material containing asbestos; and/or hazardous, toxic or dangerous waste, substance or
<br />material, as may now or at any time hereafter be in effect. The obligations and liabilities of
<br />Grantor under this paragraph shall survive the foreclosure of the Deed of the Trust, the
<br />delivery of a deed in lieu of foreclosure, the cancellation of the Note and any Change Order
<br />Note; or if otherwise expressly permitted in writing by the Note and any Change Order Note;
<br />or if otherwise expressly permitted in writing by the Beneficiary, the sale or alienation of any
<br />part of the Premises.
<br />
<br />28. Appointment of a Receiver. Beneficiary shall have the absolute and unconditional
<br />right to apply for and to obtain the appointment of a receiver or similar official for all or a
<br />portion of the Premises, to among other things, manage and operate the Premises, or any
<br />other part thereof, and to apply the net rents, issues, and profits there from to the payment of
<br />interest and principal of the Note and any Change Order Note and any other obligations of
<br />Grantor to Beneficiary hereunder. In the event of such application, Grantor consents to the
<br />appointment of such receiver or similar official and agrees that such receiver or similar
<br />official and agrees that such receiver or similar official may be appointed without notice to
<br />Grantor, without regard to adequacy of any security for the debt and without regard to the
<br />solvency of Grantor or any other person, firm or corporation who or which may be liable for
<br />the payment of the Note and any Change Order Note or any other obligation of Grantor
<br />hereunder.
<br />DocuSign Envelope ID: 62EC95C2-2AA8-49D7-B576-F94193C9DB65
|