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20]205288
<br />under the lease or other agreement pursuant to which such leasehold interest or estate was created or
<br />exists.
<br />4.11 Acceptance of Trust: Powers and Duties of Trustee. Trustee accepts this trust when this
<br />Deed of Trust is executed. From time to time, upon written request of Beneficiary and, to the extent
<br />required by applicable law presentation of this Deed of Trust for endorsement, and without affecting the
<br />personal liability of any person for payment of any indebtedness or performance of any of the Secured
<br />Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability
<br />therefor and without notice: (a) reconvey all or any part of the Subject Property from the lien of this Deed
<br />of Trust, (b) consent to the making of any map or plat of the Subject Property, and (c) join in any grant of
<br />easement or declaration of covenants and restrictions with respect to the Subject Property, or any
<br />extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Trustee or
<br />Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the
<br />execution of the trusts and the enforcement of its rights and remedies available under this Deed of Trust,
<br />and may obtain orders or decrees directing, confirming or approving acts in the execution of said trusts
<br />and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any
<br />pending sale or any action or proceeding (including, but not limited to, actions in which Trustor,
<br />Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this
<br />Deed of Trust. Trustee shall not be obligated to perform any act required of it under this Deed of Trust
<br />unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all
<br />losses, costs, liabilities and expenses in connection therewith.
<br />4.12 Compensation: Exculpation Indemnification.
<br />(a) Trustor shall pay all Trustee's fees and reimburse Trustee for all expenses in the
<br />administration of this trust, including reasonable attorneys' fees. Trustor shall pay Beneficiary reasonable
<br />compensation for services rendered concerning this Deed of Trust, including without limitation, the
<br />providing of any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly
<br />or indirectly be liable to Trustor or any other person as a consequence of: (i) the exercise of any rights,
<br />remedies or powers granted to Beneficiary in this Deed of Trust; (ii) the failure or refusal of Beneficiary to
<br />perform or discharge any obligation or liability of Trustor under this Deed of Trust or any. Lease or other
<br />agreement related to the Subject Property; or (iii) any loss sustained by Trustor or any third party as a
<br />result of Beneficiary's failure to lease the Subject Property after any Default or from any other act or
<br />omission of Beneficiary in managing the Subject Property after any Default unless such loss is caused by
<br />the willful misconduct or gross negligence of Beneficiary; and no such liability shall be asserted or
<br />enforced against Beneficiary, and all such liability is hereby expressly waived and released by Trustor.
<br />(b) Trustor shall indemnify Trustee and Beneficiary against, and hold them harmless from, any
<br />and all losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and
<br />other legal expenses, costs of evidence of title, costs of evidence of value, and other expenses which
<br />either may suffer or incur: (i) by reason of this Deed of Trust, (ii) by reason of the execution of this trust or
<br />the performance of any act required or permitted hereunder or by law; (iii) as a result of any failure of
<br />Trustor to perform Trustor's obligations; or (iv) by reason of any alleged obligation or undertaking of
<br />Beneficiary to perform or discharge any of the representations, warranties, conditions, covenants or other
<br />obligations contained in any other document related to the Subject Property, including without limitation,
<br />the payment of any taxes, assessments, rents or other lease obligations, liens, encumbrances or other
<br />obligations of Trustor under this Deed of Trust. Trustor's duty to indemnify Trustee and Beneficiary shall
<br />survive the payment, discharge or cancellation of the Secured Obligations and the release or
<br />reconveyance, in whole or in part, of this Deed of Trust.
<br />(c) Trustor shall pay all indebtedness arising under this Section immediately upon demand by
<br />Trustee or Beneficiary, together with interest thereon from the date such indebtedness arises at the
<br />COMMNESDEED_NEDOC (Rev. 02110) _$_
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