Common use of COVENANTS OF TRUSTOR Clause in Contracts

COVENANTS OF TRUSTOR. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Substance Laws, as follows: (a) not to cause or permit the property to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Substance; (b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) not to change or modify the use of the Property without the prior written consent of Beneficiary; (d) to comply with and to cause the Property and every invitee or occupant of the Property to comply with all Hazardous Substance Laws; (e) to immediately notify Beneficiary in writing of and to provide Beneficiary with a reasonably detailed description of: (i) any noncompliance of the Property with any Hazardous Substance Laws; (ii) any Hazardous Substance Claim; (iii) any Release or Threatened Release; (iv) not engage in any of the activities enumerated in Cal. Health & Safety Code section 25227 on land that is subject to a recorded land use restriction pursuant to former Health & Safety Code Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Sections 25202.5, 25221, or 25355.5 of the same, unless the person obtains a specific approval in writing as required pursuant to Section 25227; (f) if Trustor discovers a Release or the presence of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law, to: (i) notify Beneficiary of that discovery together with a reasonably detailed description; (ii) engage promptly after a request by Beneficiary, a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor, and (iii) take, at Trustor’s sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Substance, including, but not limited to, any remedial action required by any Hazardous Substance Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Substance Claims, these actions to be performed: A. in accordance with Hazardous Substance Laws, B. in a good and proper manner, C. under the supervision of a qualified environmental engineer approved in writing by Beneficiary, D. in accordance with plans and specifications for these actions approved in writing by Beneficiary, and E. using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law; and (h) keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Rents, and Security Agreement, Deed of Trust, Assignment of Rents, and Security Agreement

COVENANTS OF TRUSTOR. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Substance Laws, as follows: (a) not to cause or permit the property to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Substance; (b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) not to change or modify the use of the Property without the prior written consent of Beneficiary; (d) to comply with and to cause the Property and every invitee or occupant of the Property to comply with all Hazardous Substance Laws; (e) to immediately notify Beneficiary in writing of and to provide Beneficiary with a reasonably detailed description of: (i1) any noncompliance of the Property with any Hazardous Substance Laws; (ii2) any Hazardous Substance Claim; (iii3) any Release or Threatened Release; (iv4) not engage in any of the activities enumerated in Cal. Health & Safety Code section 25227 on land that is subject to a recorded land use restriction pursuant to former Health & Safety Code Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Sections 25202.5, 25221, or 25355.5 of the same, unless the person obtains a specific approval in writing as required pursuant to Section 25227; (f) if Trustor discovers a Release or the presence of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law, to:: detailed description; (i1) notify Beneficiary of that discovery together with a reasonably detailed description;reasonably (ii2) engage promptly after a request by Beneficiary, a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor, and (iii3) take, at Trustor’s sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Substance, including, but not limited to, any remedial action required by any Hazardous Substance Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Substance Claims, these actions to be performed: A. in accordance with Hazardous Substance Laws, B. in a good and proper manner, C. under the supervision of a qualified environmental engineer approved in writing by Beneficiary, D. in accordance with plans and specifications for these actions approved in writing by Beneficiary, and E. using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law; and (h) keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law.

Appears in 1 contract

Sources: Deed of Trust

COVENANTS OF TRUSTOR. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Substance Laws, as follows: (a) : not to cause or permit the property to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Substance; (b) ; not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) ; not to change or modify the use of the Property without the prior written consent of Beneficiary; (d) ; to comply with and to cause the Property and every invitee or occupant of the Property to comply with all Hazardous Substance Laws; (e) ; to immediately notify Beneficiary in writing of and to provide Beneficiary with a reasonably detailed description of: (i) : any noncompliance of the Property with any Hazardous Substance Laws; (ii) ; any Hazardous Substance Claim; (iii) ; any Release or Threatened Release; (iv) not engage ; the discovery of any occurrence or condition on any real property adjoining or in any the vicinity of the activities enumerated in Cal. Property that would cause the Property or any part of it to be designated as “hazardous waste property” or “border zone property” under the provisions of Health & and Safety Code section 25227 on land §§ 25220 et seq., and any regulation adopted in accordance with that is subject to a recorded land use restriction pursuant to former Health & Safety Code Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Sections 25202.5, 25221, or 25355.5 of the same, unless the person obtains a specific approval in writing as required pursuant to Section 25227; (f) section; if Trustor discovers a Release or the presence of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law, to: (i) : notify Beneficiary of that discovery together with a reasonably detailed description; (ii) ; engage promptly after a request by Beneficiary▇▇▇▇▇▇▇▇▇▇▇, a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor, and (iii) take, at Trustor’s sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Substance, including, but not limited to, any remedial action required by any Hazardous Substance Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Substance Claims, these actions to be performed: A. in accordance with Hazardous Substance Laws, B. in a good and proper manner, C. under the supervision of a qualified environmental engineer approved in writing by Beneficiary, D. in accordance with plans and specifications for these actions approved in writing by Beneficiary, and E. using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law; and (h) keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Rents, and Security Agreement

COVENANTS OF TRUSTOR. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Substance Laws, as follows: (a) not to cause or permit the property to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Substance; (b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) not to change or modify the use of the Property without the prior written consent of Beneficiary; (d) to comply with and to cause the Property and every invitee or occupant of the Property to comply with all Hazardous Substance Laws; (e) to immediately notify Beneficiary in writing of and to provide Beneficiary with a reasonably detailed description of: (i1) any noncompliance of the Property with any Hazardous Substance Laws; (ii2) any Hazardous Substance Claim; (iii3) any Release or Threatened Release; (iv4) not engage the discovery of any occurrence or condition on any real property adjoining or in any the vicinity of the activities enumerated in Cal. Property that would cause the Property or any part of it to be designated as “hazardous waste property” or “border zone property” under the provisions of Health & and Safety Code section 25227 on land §§ 25220 et seq., and any regulation adopted in accordance with that is subject to a recorded land use restriction pursuant to former Health & Safety Code Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Sections 25202.5, 25221, or 25355.5 of the same, unless the person obtains a specific approval in writing as required pursuant to Section 25227section; (f) if Trustor discovers a Release or the presence of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law, to: (i1) notify Beneficiary of that discovery together with a reasonably detailed description; (ii2) engage promptly after a request by Beneficiary, a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor, and (iii3) take, at Trustor’s sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Substance, including, but not limited to, any remedial action required by any Hazardous Substance Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Substance Claims, these actions to be performed: A. in accordance with Hazardous Substance Laws, B. in a good and proper manner, C. ▇. under the supervision of a qualified environmental engineer approved in writing by Beneficiary, D. in accordance with plans and specifications for these actions approved in writing by Beneficiary, and E. using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law; and (h) keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law.

Appears in 1 contract

Sources: Deed of Trust