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(1) obtain a court order to enforce Beneficiary's right to enter and
<br />inspect the Property under Civil Code § 2929.5; and
<br />(2) have a receiver appointed under Code of Civil Procedure § 564 to
<br />enforce Beneficiary's right to enter and inspect the Property for the purpose set forth above.
<br />All reasonable costs and expenses incurred by Beneficiary with respect to the audits,
<br />tests, inspections, and examinations that Beneficiary or its agents, representatives, or employees
<br />may conduct, including the reasonable fees of the engineers, laboratories, contractors,
<br />consultants, and attorneys, will be paid by Truster. All reasonable costs or expenses incurred by
<br />Trustee and Beneficiary pursuant to this Section (including without limitation court costs,
<br />consultant's fees, and attorney fees, whether incurred in litigation and whether before or after
<br />judgment) will bear interest at the Agreed Rate from the date they are incurred until those sums
<br />have been paid in full. Except as provided by law, any inspections or tests made by Beneficiary
<br />or its representatives, employees, and agents will be for Beneficiary's purposes only and will not
<br />be construed to create any responsibility or liability on the part of Beneficiary to Truster or to
<br />any other person. Beneficiary will have the right, but not the obligation, to communicate with
<br />any governmental authority regarding any fact or reasonable belief of Beneficiary that constitutes
<br />or could constitute a breach of any of Trustor's obligations under any environmental provision
<br />contained in this Deed of Trust or any Loan Document.
<br />5.4. Waiver and Indemnity.
<br />Except as otherwise provided in the Ground Lease, Trustor:
<br />(a) releases and waives any future claims against Beneficiary for indemnity or
<br />contribution in the event Truster becomes liable for cleanup or other costs under any Hazardous
<br />Substance Laws or under any Hazardous Substance Claim except to the extent such liability
<br />arises out of the gross negligence or willful misconduct or Beneficiary;
<br />(b) agrees to reimburse Beneficiary, on demand, for all costs and expenses
<br />incurred by Beneficiary in connection with any review, approval, consent, or inspection relating
<br />to the environmental provisions in this Deed of Trust together with interest, after demand, at the
<br />Agreed Rate; and
<br />(c) agrees to indemnify, defend, and hold Beneficiary and Trustee harmless
<br />from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court
<br />costs, reasonable attorney fees and other legal expenses, costs of evidence of title, cost of
<br />evidence of value, and other expenses (collectively, "Expenses"), including, but not limited to,
<br />any Expenses incurred or accruing after the foreclosure of the lien of this Deed of Trust, which
<br />either may suffer or incur and which directly or indirectly arises out of or is in any way
<br />connected with the breach of any environmental provision either in this Deed of Trust or in any
<br />Loan Document or as a consequence of any Release or threatened Release or the presence, use,
<br />generation, manufacture, storage, disposal, transportation, Release, or threatened Release of any
<br />Hazardous Substance on or about the Property, (but excluding any Existing Hazardous
<br />Materials), including the soils and groundwater, caused or permitted by Truster, including,
<br />without limitation, to the extent required by an environmental agency with jurisdiction over the
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<br />The Crossroads at Washington
<br />City NSP Deed of Trust
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