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the release of Trustor or any other person, by Beneficiary or by operation of law, from
<br />performance of any obligation under any Loan Document; (vi) the release or substitution in
<br />whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to
<br />properly perfect any lien or security interest given as security for the Secured Obligations.
<br />The provisions of this Section 7.11 shall be in addition to any and all other obligations
<br />and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled
<br />to indemnification under this Section without regard to whether Beneficiary or that Indemnitee
<br />has exercised any rights against the Property or any other security, pursued any rights against any
<br />guarantor or other party, or pursued any other rights available under the Loan Documents or
<br />applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall
<br />survive any repayment or discharge of the Secured Obligations, any foreclosure proceeding, any
<br />foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the
<br />lien 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 environmental
<br />provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by
<br />Trustor relating to real property security (the "Environmental Provisions"), and that Tmstor's
<br />failure to comply with any of the Environmental Provisions will be a breach of contract that will
<br />entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of
<br />Civil Procedure ("Section 736") for the recovery of damages and for the enforcement of the
<br />Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of
<br />damages or enforcement of the Environmental Provisions shall not constitute an action within
<br />the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money
<br />judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b,
<br />580d, or 726(b) of the California Code of Civil Procedure.
<br />"Hazardous Materials" means any substance, material or waste which is or becomes
<br />regulated by any federal, state or local governmental authority, and includes without limitation
<br />(i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos
<br />and any material containing asbestos; (iii) any substance, material or waste regulated by or listed
<br />(directly or by reference) as a "hazardous substance", "hazardous material", "hazardous waste",
<br />"toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or contaminant"
<br />in or pursuant to, or similarly identified as hazardous to human health or the environment in or
<br />pursuant to, the Toxic Substances Control Act [15 U.S.C. Section 2601, et seq.]; the
<br />Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section
<br />9601, et seg.], 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, et seq.],
<br />the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C.
<br />Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act
<br />[California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances
<br />Account Act [California Health and Safety Code Section 25300, et seq.], the California
<br />Hazardous Waste Act [California Health and Safety Code Section 25100, et seq], the California
<br />Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section
<br />25249.5, et seg.], and the Porter -Cologne Water Quality Control Act [California Water Code
<br />Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations
<br />Page 10 of 24
<br />REV: 05-29-19 VR
<br />ATTY/AGR.2019.147/Redwood Oaks Associates 11 LP - Deed of Trust
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