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201211202 <br /> requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and <br /> expenses in connection therewith. <br /> 4.12 Compensation; Exculpation; Tndemnification. <br /> (a) Trustor shall pay all Trustee's fees and reimburse Trustee for all expenses in [he <br /> administration of this trust, including reasonable attorneys' fees. Trustor shall pay Beneficiary <br /> reasonable compensation for services rendered conceming this Deed of Trust, including without <br /> limitation, the providing of any statement of amounts owing under any Secured Obligation. <br /> Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a <br /> consequence of: (i) the exercise of any rights, remedies or powers granted to Beneficiary in this <br /> Deed of Trust; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or <br /> liability of Trustor under this Deed of Trust or any Lease or other agreement related to the <br /> Subject Property; or (iii) any loss sustained by Trustor or any third party as a result of <br /> Beneficiary's failure to lease the Subject Property afrer any Default or from any other act or <br /> omission of Beneficiary in managing the Subject Property after any Default unless such loss is <br /> caused by the willful misconduct or gross negligence of Beneficiary; and no such liability shall <br /> be asserted or enforced against Beneficiary, and all such liability is hereby expressly waived and <br /> released by Trustor. <br /> (b) Trustor shall indemnify Trustee and Beneficiary against, and hold them harmless <br /> from, any and all losses, damages, liabilities, claims, causes of action, judgments, court costs, <br /> attorneys' fees and other legal expenses, costs of evidence of title, costs of evidence of value, <br /> and other expenses which either may suffer or incur: (i) by reason of this Deed of Trust; (ii)by <br /> reason of the execution of this trust or the performance of any act required or permitted <br /> hereunder or by law; (iii) as a result of any failure of Trustor to perform Trustor's obligations; or <br /> (iv) by reason of any alleged obligation or undertaking of Beneficiary to perform or discharge <br /> any of the representations, warranties, conditions, covenants or other obligations contained in <br /> any other document related to the Subject Property, including without limitation, the payment of <br /> any taxes, assessments, rents or other lease obligations, liens, encumbrances or other obligations <br /> 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 <br /> demand by Trustee or Beneficiary,together with interestthereon from the date such indebtedness <br /> arises at the highest rate per annum payable under any Secured Obligation. Beneficiary may, at <br /> its option, add any such indebtedness to any Secured Obligation. <br /> 4.13 Substitution of Trustees. From time to time, by a writing signed and <br /> acknowledged by Beneficiary and recorded in each Office in which this Deed of Trust is <br /> recorded, Beneficiary may appoint another trustee to act in the place and stead of Trustee or any <br /> successor. Such writing shall set for[h the recordation date and any recording or other <br /> information required by law. The recordation of such instrument of substitution shall discharge <br /> Trustee herein named and shall appoint the new trustee as the trustee hereunder with the same <br /> effect as if originally named Trustee herein. A writing recorded pursuant to the provisions of <br /> this Section shall be conclusive proof of the proper substitution of such new Trustee. <br /> 4.14 Due on Sale or Encumbrance. Except as permitted by the provisions of any <br /> Secured Obligation or applicable law, if the Subject Property or any interest therein shall be sold, <br /> transferred (including without limitation, where applicable, through sale or transfer of a majority <br /> or controlling interest of the corporate stock, or any general partnership, limited liability <br /> company or other similar interests, of Trustor), moregaged, assigned, encumbered or leased, <br /> Deed otTrus[and Assignment of Rents and Leases Page 9 <br /> Deed of Trust-Capital One,N.A._Lyne Realty,LP(Grand Island,NE) <br />