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2oi2o�5�0 <br />proceeding or threatened suit or proceeding, shall be immediately due and payable by <br />Grantor, with interest thereon at the Default Rate and shall be secured by this Deed of <br />Trust. <br />(b) Neither Beneficiary, nor Trustee shall be directly or indirectly liable to <br />Grantor or any other person as a consequence of any of the following: <br />(i) Beneficiary's or Trustee's exercise of or failure to exercise any <br />rights, remedies or powers granted to Beneficiary and/or Trustee in this Deed of <br />Trust; <br />(ii) Beneficiary's failure or refusal to perform or discharge any <br />obligation or liability of Grantor under any agreement related to the Property or <br />under this Deed of Trust; or <br />(iii) Any loss sustained by Grantor or any third party resulting from <br />Beneficiary's failure to lease the Property, or from any other act or omission of <br />Beneficiary in managing the Property, after an Event of Default, unless the loss is <br />caused by the gross negligence or willful misconduct of Beneficiary. <br />Grantor hereby expressly waives and releases all liability of�the types described above, <br />and agrees that no such liability shall be asserted against or imposed upon Beneficiary or <br />Trustee. <br />(c) EXCEPT AS CAUSED BY THE GROSS NEGLIGENCE AND OR <br />WILLFUL NIISCONDUCT OF BENEFICIARY OR TRUSTEE (IT BEING THE <br />INTENT OF THE PARTIES THAT THIS INDEMNIFICATION SHALL COVER <br />THE NEGLIGENCE OF SUCH PARTIES TO THE EXTENT PERMITTED BY <br />LAV�, GRANTOR AGREES TO INDENINIFY BENEFICIARY AND TRUSTEE <br />AGAINST AND HOLD THEM HARMLESS FROM ALL LOSSE5, DAMAGES, <br />LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, COURT COSTS, <br />ATTORNEYS' FEES AND OTHER LEGAL EXPENSES, COST OF EVIDENCE <br />OF TITLE, COST OF EVIDENCE OF VALUE, AND OTHER COSTS AND <br />EXPENSE5 WHICH THEY MAY SUFFER OR INCUR: <br />(i) IN PERFORMING ANY ACT REQUIItED OR PERMITTED <br />BY THIS DEED OF TRUST OR ANY OF THE OTHER LOAN <br />DOCUMENTS OR BY LAW; <br />(ii) BECAUSE OF ANY FAILURE OF GRANTOR TO <br />PERFORM ANY OF ITS OBLIGATIONS; OR <br />(iii) BECAUSE OF ANY ALLEGED OBLIGATION OF OR <br />UNDERTAKING BY BENEFICIARY AND/OR TRUSTEE TO PERFORM <br />OR DI5CHARGE ANY OF THE REPRE5ENTATIONS, WARRANTIES, <br />CONDITIONS, COVENANTS OR OTHER OBLIGATIONS IN ANY <br />DOCUMENT RELATING TO THE PROPERTY OTHER THAN THE <br />LOAN DOCUMENTS. � <br />DEED OF TRUST — Page 10 <br />#3982161 <br />