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<br /> remedy under or with respect to this Deed of Trust or any other Loan Document or (ii) otherwise
<br /> paid or incurred with respect to this Deed of Trust or any other Loan Document, together, in each
<br /> case, with interest thereon at the Default Rate from the date paid by Beneficiary through the date
<br /> repaid to Beneficiary, as the case may be. All such funds advanced in the reasonable exercise of
<br /> Beneficiary's judgment that the same are needed to protect the Mortgaged Property,the lien of this
<br /> Deed of Trust, or the Obligations are to be deemed obligatory advances hereunder and shall
<br /> constitute additional indebtedness secured by this Deed of Trust. The obligations of Trustor under
<br /> this Section shall be part of the Obligations and shall survive any foreclosure or transfer in lieu of
<br /> foreclosure of this Deed of Trust and the release of this Deed of Trust.
<br /> SECTION 4.02. Indemnification. To the fullest extent permitted by law, Trustor
<br /> shall protect, defend, indemnify and save harmless Beneficiary, and its stockholders, members,
<br /> directors, managers, officers, employees, beneficial owners, attorneys. agents and other
<br /> representatives or affiliates of,and partners in,Beneficiary(each an"Indemnified Person-)from and
<br /> against any and all liabilities, losses, actions, fines, injunctions, obligations, claims, damages,
<br /> penalties, causes of action,costs and expenses of any kind or nature(including,without limitation,in
<br /> respect of or for reasonable attorneys' fees and expenses whether incurred within or outside the
<br /> judicial process), imposed upon or incurred by or asserted against any such Indemnified Person
<br /> including,without limitation, by reason of(i)this Deed of Trust or the Mortgaged Property or any
<br /> interest therein or receipt of any Rents; (ii) any accident, injury to or death of persons or loss of or
<br /> damage to property occurring in, on or about the Mortgaged Property or any part thereof or on the
<br /> adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (iii) any
<br /> failure on the part of Trustor to perform or comply with any of the terms of this Deed of Trust;
<br /> (iv) any violation or failure to comply with any Legal Requirement by Trustor or the Premises in any
<br /> way; and (v) performance of any labor or services or the furnishing of any materials or other
<br /> property in respect of the Mortgaged Property or any part thereof,provided that any claims arising
<br /> out of the willful misconduct or gross negligence of any Indemnified Person or act of any
<br /> Indemnified Person after taking title to the Premises shall be excluded from the foregoing
<br /> indemnification of such Indemnified Person. Any amounts payable to Beneficiary by reason of the
<br /> application of this Section 4.02 shall be secured by this Deed of Trust as an Obligation and shall
<br /> become immediately due and payable and shall bear interest at the Default Rate from the date loss or
<br /> damage is sustained by Beneficiary until paid. The obligations and liabilities of Trustor under this
<br /> Section 4.02 shall survive any termination, satisfaction, assignment, entry of a judgment of
<br /> foreclosure or delivery of a deed in lieu of foreclosure of this Deed of Trust and the exercise of any
<br /> rights or remedies by Beneficiary.
<br /> SECTION 4.03. Interest. If any Obligation arising hereunder (including, to the
<br /> extent permitted under applicable law, any interest obligation) shall not be paid when due, such
<br /> Obligation shall bear interest at the Default Rate commencing from the due date through the date
<br /> paid. Such interest shall be part of the Obligations and shall be secured by this Deed of Trust.
<br /> SECTION 4.04. Increased Costs:Chance of Taxation. In the event of the enactment
<br /> after the date hereof of any applicable law deducting from the value of the Premises for the purpose
<br /> of taxation of any lien thereon or changing in any way the applicable taxation of mortgages,deeds of
<br /> trust or other liens or obligations secured thereby,or the manner of collection of such taxes, so as to
<br /> affect this Deed of Trust,the Obligations or Beneficiary,upon demand by Beneficiary,to the extent
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