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201201420
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Last modified
3/19/2012 3:47:25 PM
Creation date
2/27/2012 8:45:38 AM
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DEEDS
Inst Number
201201420
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20120142� <br />thereof. In the event that Beneficiary or any Lenders or any of the Indemnitees incurs any <br />losses covered by the indemnity set forth in this Section 27 or any article or section of the <br />Credit Agreements, the amount thereof, including reasonable attorneys' fees, with interest <br />thereon at the interest rate as set forth in the Credit Agreements, shall be payable by Grantor <br />to Beneficiary within ten (10) days after demand therefor, and shall be secured hereby and by <br />all other security for the payment and performance of the Lender Obligations, including, <br />without limitation, the lien and security interest of this Deed of Trust. The liabilities of Deed <br />of Trust as set forth in this Section 27 shall survive the ternnination of this Deed of Trust and <br />the repayment of the Lender Obligations. <br />28. No Liability of Beneficiaty. Neither the acceptance nor the exercise of the <br />rights and remedies hereunder nor any other action on the part of Beneficiary or any Person <br />authorized by Beneficiary to exercise Beneficiary's rights hereunder shall be construed to <br />(a) be an assumption by Beneficiary or any such Person or to otherwise make Beneficiary or <br />such Person liable or responsible for the performance of any of the Lender Obligations of <br />Grantor under or with respect to the Leases or the Mortgaged Property, or for any Rent, <br />security deposit or other amount delivered to Grantor, provided that Beneficiary or any such <br />Person exercising the rights of Bene�ciary shall be accountable for any Rents, security <br />deposits or other amounts actually received by Beneficiary or such Person, as the case may <br />be; or (b) obligate Beneficiary or any such Person to take any action under or with respect to <br />the Leases or with respect to the Mortgaged Property, to incur any expense or perform or <br />discharge any duty or obligation under or with respect to the Tower Leases or with respect to <br />the Mortgaged Property, to appear in or defend any action or proceeding relating to the <br />Tower Leases or the Mortgaged Property, to constitute Beneficiary as a Lender-in-possession <br />(unless Beneficiary actually enters and takes possession of the Mortgaged Property), or to be <br />liable in any way for any injury or damage to Persons or property sustained by any Person in <br />or about the Mortgaged Property, other than to the extent caused by the willful misconduct or <br />gross negligence of Beneficiary or any Person authorized by Beneficiary to exercise the <br />rights of Beneficiary hereunder. <br />29. Notices. All notices, requests, demands and other communications hereunder <br />shall be given in accordance with the provisions of Section 14.1 of each Credit Agreement to <br />Grantor and to Beneficiary as speci�ed therein. <br />30. No Oral Modi�cation. This Deed of Trust may not be amended, <br />supplemented or otherwise modified except in accordance with the provisions of Article 11 <br />of each Credit Agreement. Any agreement made by Grantor and Beneficiary after the date of <br />this Deed of Trust relating to this Deed of Trust shall be superior to the rights of the holder of <br />any intervening or subordinate lien or encumbrance. <br />31. Partial Invaliditv, Usury Savings Clause. In the event any one or more of the <br />provisions contained in this Deed of Trust sha11 for any reason be held to be invalid, illegal or <br />unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect <br />any other provision hereof, but each shall be construed as if such invalid, illegal or <br />unenforceable provision had never been included herein. Notwithstanding to the contrary <br />anything contained in this Deed of Trust or in any provisions of any Lender Agreement, the <br />12187-5273/LEGA L 17750578.4 <br />5/1/ 1018 <br />
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