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9
<br />4860-6036-3710v2
<br />other governmental agency concerning the Land; (v) no toxic or hazardous chemicals, waste, or
<br />substances of any kind have ever been spilled, disposed of, or stored on, under or at the Land,
<br />whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any
<br />other means; (vi) the Land has never been used as a dump or landfill; and (vii) Trustor has
<br />disclosed to Beneficiary all information, records, and studies in Trustor’s possession or
<br />reasonably available to Trustor relating to the Land concerning Hazardous Materials.
<br />
<br />Trustor shall not cause or permit any Hazardous Material (as defined below) to be brought
<br />upon, kept, stored or used in, on, under, or about the Land by Trustor, its agents, employees,
<br />contractors or invitees except for incidental supplies ordinarily used in connection with the
<br />construction, rehabilitation, maintenance, repair, and operation of multifamily residential
<br />developments and used, stored, and disposed of in compliance with all applicable laws, and shall
<br />not cause any release of Hazardous Materials into, onto, under or through the Land. If any
<br />Hazardous Material is discharged, released, dumped, or spilled in, on, under, or about the Land
<br />and results in any contamination of the Land or adjacent property, or otherwise results in the
<br />release or discharge of Hazardous Materials in, on, under or from the Land, Trustor shall
<br />promptly take all actions at its sole expense as are necessary to comply with all Environmental
<br />Laws (as defined below).
<br />
<br />To the greatest extent permitted by law, Trustor shall indemnify, defend (with counsel
<br />reasonably acceptable to Beneficiary), and hold Beneficiary and its elected and appointed
<br />officials, officers, agents and employees (collectively, “Indemnitees”) harmless from and against
<br />any and all loss, claim, liability, damage, demand, judgment, order, penalty, fine, injunctive or
<br />other relief, cost, expense (including reasonable fees and expenses of attorneys, expert witnesses,
<br />and other professionals advising or assisting Beneficiary), action, or cause of action (all of the
<br />foregoing, hereafter individually “Claim” and collectively “Claims”) arising in connection with
<br />the breach of Trustor’s covenants and obligations set forth in this Section 7.11 or otherwise
<br />arising in connection with the presence or release of Hazardous Materials in, on, under, or from
<br />the Property, except to the extent caused by the gross negligence or willful misconduct of the
<br />Indemnitees. The foregoing indemnity includes, without limitation, all costs of investigation,
<br />assessment, containment, removal, remediation of any kind, and disposal of Hazardous Materials,
<br />all costs of determining whether the Land is in compliance with Environmental Laws, all costs
<br />associated with bringing the Land into compliance with all applicable Environmental Laws, and
<br />all costs associated with claims for damages or injury to persons, property, or natural resources.
<br />Without limiting the generality of the foregoing, Trustor shall, at Trustor’s own cost and
<br />expense, do all of the following:
<br />a. pay or satisfy any judgment or decree that may be entered against any Indemnitee
<br />or Indemnitees in any legal or administrative proceeding incident to any matters against which
<br />Indemnitees are entitled to be indemnified under this Deed of Trust;
<br />b. reimburse Indemnitees for any expenses paid or incurred in connection with any
<br />matters against which Indemnitees are entitled to be indemnified under this Deed of Trust; and
<br />c. reimburse Indemnitees for any and all expenses, including without limitation out-
<br />of-pocket expenses and fees of attorneys and expert witnesses, paid or incurred in connection
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