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201302389 <br />(4) the release of Borrower or any other person, by Lender or by <br />operation of law, from performance of any obligation under any <br />Loan Document; <br />(5) the release or substitution in whole or in part of any security for the <br />Indebtedness; and <br />(6) Lender's failure to properly perfect any lien or security interest <br />given as security for the Indebtedness. <br />(o) Borrower shall, at its own cost and expense, do all of the following: <br />(1) pay or satisfy any judgment or decree that may be entered against <br />any lndemnitee or lndemnitees in any legal or administrative <br />proceeding incident to any matters against which lndemnitees are <br />entitled to be indemnified under this Section 48; <br />(q) The provisions of this Section 48 shall be in addition to any and all other <br />obligations and liabilities that Borrower may have under applicable law or under other <br />Loan Documents, and each lndemnitee shall be entitled to indemnification under this <br />Section 48 without regard to whether Lender or that lndemnitee has exercised any <br />48 <br />(2) reimburse lndemnitees for any expenses paid or incurred in <br />connection with any matters against which Indemnitees are entitled <br />to be indemnified under this Section 48; and <br />(3) reimburse lndemnitees for any and all expenses, including fees and <br />out -of- pocket expenses of attorneys and expert witnesses, paid or <br />incurred in connection with the enforcement by lndemnitees of their <br />rights under this Section 48, or in monitoring and participating in <br />any legal (including appellate) or administrative proceeding. <br />(p) In any circumstances in which the indemnity under this Section 48 applies, <br />Lender may employ its own legal counsel and consultants to prosecute, defend or <br />negotiate any claim or legal or administrative proceeding and Lender, with the prior <br />written consent of Borrower (which shall not be unreasonably withheld, delayed or <br />conditioned), may settle or compromise any action or legal or administrative proceeding. <br />Borrower shall reimburse Lender upon demand for all costs and expenses incurred by <br />Lender, including all costs of settlements entered into in good faith, and the fees and out <br />of pocket expenses of such attorneys (including but not limited to appellate litigation) <br />and consultants. <br />Previous editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev.11 /12) <br />