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permissible under applicable law. Nothing contained in this paragraph will require City to incur
<br />any expense or take any action hereunder.
<br />Section 2.9 Inspcction. At any and all reasonable times upon forty-eight (48) hours'
<br />prior written notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers,
<br />accountants and representatives, may inspect the Security without payment of charges or fees, to
<br />inspect the Security, provided, however, that any such inspection shall not unreasonably disturb
<br />any tenants or other occupants of the Property.
<br />Section 2.I0 Hazardous Substances. Trustor shall not cause or permit the presence, use,
<br />disposal, storage, or release of any Hazardous Substances in, on, under, about, or from the Property
<br />in violation of any Environmental Law. Trustor shall not do, nor allow anyone else to do, anything
<br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences
<br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognizbd to be appropriate to construction and normal residential
<br />uses and to maintenance of the Property when used and disposed of in accordance with
<br />Environmental Law.
<br />(a) "Hazardous Substances" means any substance defined as toxic or hazardous
<br />substances or hazardous waste or regulated under any Environmental Law, and the following
<br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials.
<br />(b) "Environmental Law" means all federal, state or local statutes, ordinances,
<br />regulations, orders, decrees and judgments that relate to health, safety or environmental protection
<br />including without limitation the regulation of the use, disposal, manufacture, or release of
<br />Hazardous Substances.
<br />(c) Trustor shall promptly give City written notice of any investigation, claim,
<br />demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental Law of which Trustor has
<br />actual knowledge. If Trustor learns, or is notified by any governmental or regulatory authority,
<br />that any removal or other remediation of any Hazardous Substance affecting the Property is
<br />necessary, Trustor shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />Section 2.11 Nonliability for Negligence, Loss, or Damage; No Joint Venture. Trustor
<br />acknowledges, understands and agrees that City does not undertake or assume any responsibility
<br />for or duty to Trustor to select, review, inspect, supervise, pass judgment on, or inform Trustor of
<br />the quality, adequacy or suitability of the Security or any other matter. City owes no duty of care
<br />to protect Trustor against negligent, faulty, inadequate or defective building or construction or any
<br />condition of the Security and Trustor agrees that neither Trustor, or Trustor's heirs, successors or
<br />assigns shall ever claim, have or assert any right or action against City for any loss, damage or
<br />other matter arising out of or resulting from any condition of the Security and will hold City
<br />harmless from any liability, loss or damage for these things. Nothing contained herein or the
<br />Regulatory Agreement shall be deemed to create or construed to create a partnership, joint venture.
<br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT— EXHIBIT H — DEED OF TRUST & SECURITY AGR
<br />REV: 10-22-24 VR
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