EFFORTS TO MINIMIZE INTERFERENCE WITH THE OPERATION OF THE
PROPERTY AND AGREES TO RESTORE THE CONDITION OF THE PROPERTY, BUT LENDER SHALL
NOT BE LIABLE FOR ANY INTERFERENCE CAUSED THEREBY UNLESS DUE TO THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OR OMISSION OF LENDER.
IN FURTHERANCE OF THE
PURPOSES ABOVE, WITHOUT LIMITATION OF ANY OF LENDER'S OTHER RIGHTS, LENDER MAY:
(X) OBTAIN A COURT ORDER TO ENFORCE LENDER'S RIGHT TO ENTER AND INSPECT THE
PROPERTY UNDER CALIFORNIA CIVIL CODE §2929.5, TO WHICH THE DECISION OF LENDER AS
TO WHETHER THERE EXISTS ANY HAZARDOUS MATERIALS ON OR ABOUT THE PROPERTY IN
VIOLATION OF ANY ENVIRONMENTAL STATUTES, OR A BREACH BY BORROWER OF ANY
ENVIRONMENTAL PROVISION OF THIS SECURITY INSTRUMENT OR ANY OF THE OTHER LOAN
DOCUMENTS, WILL BE DEEMED REASONABLE AND CONCLUSIVE AS BETWEEN THE PARTIES; AND
(Y) HAVE A RECEIVER BE APPOINTED UNDER CALIFORNIA CODE OF CIVIL PROCEDURE §564
TO ENFORCE LENDER'S RIGHT TO ENTER AND INSPECT THE PROPERTY FOR THE PURPOSE SET
FORTH ABOVE.
(II)
BORROWER AND LENDER AGREE THAT: (X) THIS PARAGRAPH IS INTENDED AS
LENDER'S WRITTEN REQUEST FOR INFORMATION AND BORROWER'S WRITTEN RESPONSE
CONCERNING THE ENVIRONMENTAL CONDITION OF THE PROPERTY AS PROVIDED IN CALIFORNIA
CODE OF CIVIL
118
PROCEDURE §726.5; AND (Y) EACH REPRESENTATION, WARRANTY OR COVENANT, OR
INDEMNITY MADE BY BORROWER IN THIS SECURITY INSTRUMENT OR IN THE OTHER LOAN
DOCUMENTS THAT RELATES TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY IS
INTENDED BY BORROWER AND LENDER TO BE AN "ENVIRONMENTAL PROVISION" FOR THE
PURPOSES OF CALIFORNIA CODE OF CIVIL PROCEDURE §736 AND WILL SURVIVE THE PAYMENT
OF THE DEBT AND THE TERMINATION OR EXPIRATION OF THIS SECURITY INSTRUMENT AND
WILL NOT BE AFFECTED BY LENDER'S ACQUISITION OF ANY INTEREST IN THE PROPERTY,
WHETHER BY FULL CREDIT BID AT FORECLOSURE, DEED IN LIEU OF THAT, OR OTHERWISE.
IF THERE IS ANY TRANSFER OF ANY PORTION OF BORROWER'S INTEREST IN THE PROPERTY,
ANY SUCCESSOR-IN-INTEREST TO BORROWER AGREES BY ITS SUCCESSION TO THAT INTEREST
THAT THE WRITTEN REQUEST MADE PURSUANT TO THIS PARAGRAPH WILL BE DEEMED REMADE
TO THE SUCCESSOR-IN-INTEREST WITHOUT ANY FURTHER OR ADDITIONAL ACTION ON THE
PART OF LENDER AND THAT BY ASSUMING THE DEBT SECURED BY THIS SECURITY INSTRUMENT
OR BY ACCEPTING THE INTEREST OF BORROWER SUBJECT TO THE LIEN OF THIS SECURITY
INSTRUMENT, THE SUCCESSOR REMAKES EACH OF THE REPRESENTATIONS AND WARRANTIES IN
THIS SECURITY INSTRUMENT AND AGREES TO BE BOUND BY EACH COVENANT IN THIS
SECURITY INSTRUMENT, INCLUDING BUT NOT LIMITED TO ANY INDEMNITY PROVISION.
(K)
FINANCING STATEMENT.
THIS SECURITY INSTRUMENT SHALL ALSO
CONSTITUTE A FINANCING STATEMENT PURSUANT TO UCC §9502, AND SHALL BE FILED AS A
FIXTURE FILING IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY IN
WHICH THE PROPERTY IS LOCATED AND COVERS GOODS WHICH ARE OR ARE TO BECOME
FIXTURES ON THE PROPERTY.
(L)
INTENTIONALLY OMITTED.
(M)
INTENTIONALLY OMITTED.
(N)
INTENTIONALLY OMITTED.
(O)
FIXTURE FILING.
THE PERSONAL PROPERTY IN WHICH LENDER HAS A
SECURITY INTEREST INCLUDES GOODS WHICH ARE OR SHALL BECOME FIXTURES ON THE
PROPERTY.
THIS SECURITY