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including employees and agents, to any Hazardous Material (as defined above) or other
<br /> products, raw materials, chemicals or other substances; (iii) protection of the public
<br /> health or welfare from the effects of by-products, wastes, emissions, discharges or
<br /> releases of chemical substances from industrial or commercial activities; (iv) the
<br /> manufacture, use or introduction into commerce of chemical substances, including
<br /> without limitation, their manufacture, formulation, labeling, distribution, transportation,
<br /> handling, storage and disposal; or (iv) the use, release or disposal of toxic or hazardous
<br /> substances or Hazardous Materials or the remediation of air, surface waters,
<br /> groundwaters or soil, as now or may at any later time be in effect, including but not
<br /> limited to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the
<br /> Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C.
<br /> Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49
<br /> U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C.
<br /> 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the
<br /> Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of
<br /> Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.],
<br /> the 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.
<br /> 7.12 Notice of Claims; Defense of Security; Reimbursement of Costs.
<br /> a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any
<br /> uninsured or partially uninsured loss affecting the Property through fire, theft, liability, or
<br /> property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within
<br /> five business days of the occurrence of such loss. Trustor shall ensure that Beneficiary
<br /> shall receive timely notice of, and shall have a right to cure, any default under any other
<br /> financing document or other lien affecting the Property and shall use best efforts to
<br /> ensure that provisions mandating such notice and allowing such right to cure shall be
<br /> included in all such documents. Within three business days of Trustor's receipt thereof,
<br /> Trustor shall provide Beneficiary with a copy of any notice of default Trustor receives in
<br /> connection with any financing document secured by the Property or any part thereof.
<br /> b. Defense of Security. At Trustor's sole expense, Trustor shall protect,
<br /> preserve and defend the Property and Trustor's interest in and right of possession of the
<br /> Property, the security of this Deed of Trust and the rights and powers of Beneficiary and
<br /> Trustee created under it, against all adverse claims.
<br /> c. Compensation; Reimbursement of Costs. Trustor agrees to pay all
<br /> reasonable fees, costs and expenses charged by Beneficiary or Trustee for any service
<br /> that Beneficiary or Trustee may render in connection with this Deed of Trust, including
<br /> without limitation, fees and expenses related to provision of a statement of obligations
<br /> or related to a reconveyance. Trustor further agrees to pay or reimburse Beneficiary for
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