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201211202 <br /> (d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its <br /> directors, officers, employees, agents, successors and assigns, from and against any and all <br /> losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses <br /> (including without limitation, attorneys' fees and expenses) which Beneficiary may incur as a <br /> direct or indirect consequence of the use, generation, manufacture, storage, treatment, disposal, <br /> release or threatened release, transportation or presence of Hazardous Materials in, on, under or <br /> about the Subject Property. Trustor shall pay to Beneficiary immediately upon demand any <br /> amounts owing under this indemnity, together with interest from the date of demand until paid in <br /> full at the highest rate of interest applicable to any Secured Obligation. TRUSTOR'S DUT'Y <br /> AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS BENEFICiARY <br /> SHALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND THE <br /> RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THiS DEED OF <br /> TRUST. <br /> (e) Trustor shall immediately advise Beneficiary in writing upon Trustor's discovery <br /> of any occuttence or condition on the Subject Property or on any real property adjoining or in the <br /> vicinity of the Subject Property that does or could cause all or any part of the Subject Property to <br /> be contaminated with any Hazardous Materials or otherwise be in violation of any Hazardous <br /> Materials Laws, or cause the Subject Property to be subject to any restrictions on the ownership, <br /> occupancy, transferabili[y or use thereof under any Hazardous Materials Laws. <br /> 4.10 Protection of Securitv. Trustor shall, at Trustor's sole expense: (a) protect, <br /> preserve and defend the Subject Property and Trustor's title and right to possession of the <br /> Subject Property against all adverse claims; (b) if Trustor's interest in the Subject Property is a <br /> Ieasehold interest or estate, pay and perform in a timely manner aIl obligations to be paid and/or <br /> performed by the lessee or tenant under the lease or other agreement creating such leasehold <br /> interest or estate; and (c) protect, preserve and defend the secunty of this Deed of Trust and the <br /> rights and powers of Beneficiary and Trustee under this Deed of Trust against all adverse claims. <br /> Trustor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim, <br /> the filing of any action or proceeding, or the occurrence of any damage, condemnation offer or <br /> other action relating to or affecting the Subject Property and, if Trustor's interest in the Subject <br /> 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 <br /> created or exists. <br /> 411 Aeceptance of Trust Powers and Duties of Trustee. Trustee accepts this trust <br /> when this Deed of Trust is executed. Prom time to time, upon written request of Beneficiary <br /> and, to the extent required by applicable law presentation of this Deed of Trust for endorsement, <br /> and without affecting the personal liability of any person for payment of any indebtedness or <br /> performance of any of the Secured Obligations, Beneficiary, or Trustee at Beneficiary's <br /> direction, may, without obligation to do so or ]iability therefor and without notice: (a) reconvey <br /> all or any par[ of the Subject Property from the lien of this Deed of Trust (b) consent to the <br /> making of any map or plat of the Subject Property; and (c)join in any grant of easement or <br /> declaration of covenants and restrictions with respect to the Subject Property, or any extension <br /> 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 <br /> direction in the execution of the trusts and the enforcement of its rights and remedies available <br /> under this Deed of Trust, and may obtain orders or decrees directing, confirming or approving <br /> acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has <br /> no obligation to notify any party of any pending sale or any action or proceeding (including, but <br /> not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or <br /> commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated <br /> to perform any act required of it under this Deed of Trust unless the performance of the act is <br /> Deed of Trust and Assignment of Ren[s and Leases Page 8 <br /> Deed of Trust-Capital One, N.A._Lyne Realty,LP(Grrnd Island,NE) <br />