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cost of evidence of value, and other expenses (collectively, "Expenses'), including, but not
<br />limited to, any Expenses incurred or accruing after the foreclosure of the lien of this Deed of
<br />Trust, which either may suffer or incur and which directly or indirectly arises out of or is in any
<br />way connected with the breach of any environmental provision either in this Deed of Trust or in
<br />any Loan Document or as a consequence of any Release or threatened Release or the presence,
<br />use, generation, manufacture, storage, disposal, transportation, Release, or threatened Release of
<br />any Hazardous Substance on or about the Property (but excluding any Existing Hazardous
<br />Materials), including the soils and groundwater, caused or permitted by Trustor, including,
<br />without limitation, to the extent required by an environmental agency with jurisdiction over the
<br />Property, the cost of any required or necessary repair, cleanup, remedy, or detoxification of any
<br />hazardous Substance and the preparation of any closure, remedial action, or other required plans.
<br />Truster's obligations will survive the satisfaction, release, or cancellation of the indebtedness,
<br />the release and reconveyance or partial release and reconveyance of this Deed of Trust, and the
<br />foreclosure of the lien of this Deed of Trust or deed in lieu of the Deed of Trust, for any liability
<br />accruing or arising prior to such satisfaction, release, or cancellation of the indebtedness, the
<br />release and reconveyance or partial release and reconveyance of this Deed of Trust, and the
<br />foreclosure of the lien of this Deed of Trust or deed in lieu of the Deed of Trust.
<br />5.5. Additional Covenants of Trustor.
<br />(a) Trustor and Beneficiary agree that:
<br />(1) this Section is intended as Beneficiary's written request for
<br />information and Truster's written response concerning the environmental condition of the
<br />Property as provided by Code of Civil Procedure § 726.5; and
<br />(2) each representation, warranty, covenant, or indemnity made by
<br />Trustor in this Section or in any other provision of this Deed of Trust or any Loan Document that
<br />relates to the environmental condition of the Property is intended by Trustor and Beneficiary to
<br />be an "environmental provision" for purposes of Code of Civil Procedure § 736 and will survive
<br />the payment of the indebtedness and the termination or expiration of this Deed of Trust and will
<br />not be affected by Beneficiary's acquisition of any interest in the Property, whether by full credit
<br />bid at foreclosure, deed in lieu of that, or otherwise. If there is any transfer of any portion of
<br />Truster's interest in the Property, any successor -in -interest to Trustor agrees by its succession to
<br />that interest that the written request made pursuant to this Section will be deemed remade to the
<br />successor -in -interest without any further or additional action on the part of Beneficiary and that
<br />by assuming the debt secured by this Deed of Trust or by accepting the interest of Trustor subject
<br />to the lien of this Deed of Trust, the successor remakes each of the representations and
<br />warranties in this Deed of Trust and agrees to be bound by each covenant in this Deed of Trust,
<br />including, but not limited to, any indemnity provision.
<br />(b) Even though Trustor may have provided Beneficiary with an
<br />environmental site assessment or other environmental report together with other relevant
<br />information regarding the environmental condition of the Property, Trustor acknowledges and
<br />agrees that with the exception of the Environmental Reports, Beneficiary is not accepting the
<br />Property as security for the Loan based on that assessment, report, or information. Rather,
<br />Beneficiary has relied on the representations and warranties of Trustor in this Deed of Trust, and
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<br />WISEPlace Permanent Supportive Housing
<br />City HOME -ARP Deed of Trust
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