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Trustor shall not cause or permit any Hazardous Material (as defined below) to
<br /> be brought upon, kept, stored or used in, on, under, or about the Land by Trustor, its
<br /> agents, employees, contractors or invitees except for incidental supplies ordinarily used
<br /> in connection with the construction, rehabilitation, repair, and operation of multi-family
<br /> residential developments and in compliance with all applicable laws, and shall not cause
<br /> 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
<br /> the Land and results in any contamination of the Land or adjacent property, or otherwise
<br /> results in the release or discharge of Hazardous Materials in, on, under or from the
<br /> Land, Trustor shall promptly take all actions at its sole expense as are necessary to
<br /> comply with all Environmental Laws (as defined below).
<br /> To the greatest extent permitted by law, Trustor shall indemnify, defend (with
<br /> counsel reasonably acceptable to Beneficiary), and hold Beneficiary and its elected and
<br /> appointed officials, officers, agents and employees (collectively, "Indemnitees")
<br /> harmless from and against any and all loss, claim, liability, damage, demand, judgment,
<br /> order, penalty, fine, injunctive or other relief, cost, expense (including reasonable fees
<br /> and expenses of attorneys, expert witnesses, and other professionals advising or
<br /> assisting Beneficiary), action, or cause of action (all of the foregoing, hereafter
<br /> individually "Claim" and collectively "Claims") arising in connection with the breach of
<br /> Trustor's covenants and obligations set forth in this Section 7.11 or otherwise arising in
<br /> connection with the presence or release of Hazardous Materials in, on, under, or from
<br /> the Property, provided that no Indemnitee shall be entitled to indemnification under this
<br /> Section for matters caused by such Indemnitee's gross negligence or willful misconduct.
<br /> The foregoing indemnity includes, without limitation, all costs of investigation,
<br /> assessment, containment, removal, remediation of any kind, and disposal of Hazardous
<br /> Materials, all costs of determining whether the Land is in compliance with Environmental
<br /> Laws, all costs associated with bringing the Land into compliance with all applicable
<br /> Environmental Laws, and all costs associated with claims for damages or injury to
<br /> persons, property, or natural resources.
<br /> Without limiting the generality of the foregoing, Trustor shall, at Trustor's own
<br /> cost and expense, do all of the following:
<br /> a. pay or satisfy any judgment or decree that may be entered against any
<br /> lndemnitee or Indemnitees in any legal or administrative proceeding incident to any
<br /> matters against which Indemnitees are entitled to be indemnified under this Deed of
<br /> Trust;
<br /> b. reimburse Indemnitees for any expenses paid or incurred in connection
<br /> with any matters against which Indemnitees are entitled to be indemnified under this
<br /> Deed of Trust; and
<br /> c. reimburse Indemnitees for any and all expenses, including without
<br /> limitation out-of-pocket expenses and fees of attorneys and expert witnesses, paid or
<br /> incurred in connection with the enforcement by Indemnitees of their rights under this
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<br /> OAK #4847-7399-4286 v5
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