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whether Beneficiary or that Indemnitee has exercised any rights against the Property or <br />any other security, pursued any rights against any guarantor or other party, or pursued <br />any other rights available under any City Document or applicable law. The obligations <br />of Trustor to indemnify the Indemnitees under this Section shall survive any repayment <br />or discharge of the Secured Obligations, any foreclosure proceeding, any foreclosure <br />sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien <br />of this Deed of Trust. <br />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(f)(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 />11 <br />OAK #4818-1017-3530 v2 <br />