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<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)
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