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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 7.11 is an
<br /> environmental provision (as defined in Section 736(0(2) of the California Code of Civil
<br /> Procedure) made by Trustor relating to real property security (the "Environmental
<br /> Provisions"), and that Trustor's failure to comply with any of the Environmental
<br /> Provisions will be a breach of contract that will entitle Beneficiary to pursue the
<br /> remedies provided by Section 736 of the California Code of Civil Procedure ("Section
<br /> 736") for the recovery of damages and for the enforcement of the Environmental
<br /> Provisions. Pursuant to Section 736, Beneficiary's action for recovery of damages or
<br /> enforcement of the Environmental Provisions shall not constitute an action within the
<br /> meaning of Section 726(a) of the California Code of Civil Procedure or constitute a
<br /> money judgment for a deficiency or a deficiency judgment within the meaning of
<br /> Sections 580a, 580b, 580d, or 726(b) of the California Code of Civil Procedure.
<br /> "Hazardous Materials" means any substance, material or waste which is or
<br /> becomes regulated by any federal, state or local governmental authority, and includes
<br /> without limitation (i) petroleum or oil or gas or any direct or indirect product or by-
<br /> product thereof; (ii) asbestos and any material containing asbestos; (iii) any substance,
<br /> material or waste regulated by or listed (directly or by reference) as a "hazardous
<br /> substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant",
<br /> "toxic substance", "solid waste" or"pollutant or contaminant" in or pursuant to, or
<br /> similarly identified as hazardous to human health or the environment in or pursuant to,
<br /> the Toxic Substances Control Act [15 U.S.C. Section 2601, et seq.]; the Comprehensive
<br /> Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et
<br /> seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section
<br /> 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. Section 6901,
<br /> et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air
<br /> Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous
<br /> Substances Act [California Health and Safety Code Section 25280, et seq.], the
<br /> California Hazardous Substances Account Act [California Health and Safety Code
<br /> Section 25300, et seq.], the California Hazardous Waste Act [California Health and
<br /> Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic
<br /> Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the
<br /> Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et
<br /> seq.], as they now exist or are hereafter amended, together with any regulations
<br /> promulgated thereunder; (iv) any substance, material or waste which is defined as such
<br /> or regulated by any "Superfund" or"Superlien" law, or any Environmental Law; or (v)
<br /> any other substance, material, chemical, waste or pollutant identified as hazardous or
<br /> toxic and regulated under any other federal, state or local environmental law, including
<br /> without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and
<br /> synthetic fuel products and by-products.
<br /> "Environmental Law" means all federal, state or local statutes, ordinances,
<br /> rules, regulations, orders, decrees,judgments or common law doctrines, and provisions
<br /> and conditions of permits, licenses and other operating authorizations regulating, or
<br /> relating to, or imposing liability or standards of conduct concerning (i) pollution or
<br /> protection of the environment, including natural resources; (ii) exposure of persons,
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<br /> OAK #4825-3934-8270 vl
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