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attorneys' fees and expenses) which Beneficiary may incur as a direct or indirect consequence of the <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation <br />or presence of Hazardous Materials in, on, under or about the Real Property. Trustor shall pay to <br />Beneficiary immediately upon demand any amounts owing under this indemnity, together with interest <br />from the date of demand until paid in full at the highest rate of interest applicable to any Secured <br />Obligation. TRUSTOR'S DUTY AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS <br />BENEFICIARY SHALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND THE <br />RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THIS DEED OF TRUST. <br />(e) Trustor shall immediately advise Beneficiary in writing upon Trustor's discovery of any occurrence or <br />condition on the Real Property, or on any real property adjoining or in the vicinity of the Real Property, <br />that does or could cause all or any part of the Real Property to be contaminated with any Hazardous <br />Materials or otherwise be in violation of any Hazardous Materials Laws, or cause the Real Property to be <br />subject to any restrictions on the ownership, occupancy, transferability or use thereof under any <br />Hazardous Materials Laws. <br />4.10 Protection of Security. Trustor shall, at Trustor's sole expense: (a) protect, preserve and defend the <br />Real Property and Trustor's title and right to possession of the Real Property against all adverse claims; <br />(b) if Trustor's interest in the Real Property is a leasehold interest or estate, pay and perform in a timely <br />manner all obligations to be paid and /or performed by the lessee or tenant under the lease or other <br />agreement creating such leasehold interest or estate; and (c) protect, preserve and defend the security <br />of this Deed of Trust and the rights and powers of Beneficiary and Trustee under this Deed of Trust <br />against all adverse claims. Trustor shall give Beneficiary and Trustee prompt notice in writing of the <br />assertion of any claim, the filing of any action or proceeding, or the occurrence of any damage, <br />condemnation offer or other action relating to or affecting the Real Property and, if Trustor's interest in <br />the Real Property is a leasehold interest or estate, of any notice of default or demand for performance <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 Deed of <br />Trust is executed. From time to time, upon written request of Beneficiary and, to the extent required by <br />applicable law, presentation of this Deed of Trust for endorsement, and without affecting the personal <br />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 Real Property from the lien of this Deed of <br />Trust; (b) consent to the making of any map or plat of the Real Property; and (c) join in any grant of <br />easement or declaration of covenants and restrictions with respect to the Real 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 <br />all 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 administration of <br />DeedOfTrust -NE Job 2028568354- 1587582624 Term Loan Vers.2 10/31/2012 Page 8 of 20 <br />