201500006 - Laserfiche WebLink

Browse

- ��15�� 4.1� Protect�on vf Secur�tv. Trustor shaf�, at Trus#vr's svle expense: �a} protect, preser�e and d�fend the Su�ject Property and Trustor's title and righ�to pvssession of th�Subject Property against all ad�erse c�aims; �b} if Trustor's interest in the Subject Property is a leasehold interest ar estate, pay and perForm in a trmely manner all obligations to be pa�d andlor performed by fhe lessee or tenant under the lease ar�ther agreement creating such leasehold interes#or es#ate; and �c} prot�ct, preserve and defend the security af this Deed of Trust and the rights and pawers of Beneficiary and Trustee unde�thEs Deed of Trus�against a1l ad�erse claims. Trustor shall gi�e Beneficiary and Trusfee prompt notice in writing of th� asser�ian of any claim, the fifing of any action or proGeeding, or the occurrence of any damage, condem natian offer o�other activn relating tv or affecting the 5ubject Prope�#y and, if Trustor's interest in the Subject Property is a leasehold in�e�est❑r estate, of any notice of defau�t or demand for perFormance under the lease or other agreem�nt pursuant tv which such leaseho�d interest ar estate was created �r exists. 4.�� Acce tan�e of Trust� Powers an� Duties of Trustee. Trustee accepts this trust�hen�his Deed of Trust is executed. F�om time#v time, upon written request of Beneficiary and, ta the extent required by app�icab�e law presentati�n�f this Deed af Trust for endorsement, and wEthout affecting the persanal liabi�ity of any person for payment of any inde�tedness or performance of any of the Secur�d �bl�gatians, Benefic�ary, ar Trustee at Beneficiary's d�rection, may, without obligation to do so or liability th�refor and w�thvut nvtic�: �a}rec�n�ey all or any�art�f fhe Subjec# Property from th� I�en �f#h�s Deed vf Trust; �b}cansen#to the making of any ma�or piat of the Subject Pra�erty; and �c}jo�n in any grant of easement vr declaration of cv��nants and restrictions w'rth r�spect to the Subjec#Property, or any extens�on agr�ement or any agreement subordinating the I�en or charge of this Deed of Trust. Trustee or Beneficiary may from t�me to time apply to any court of competent jur�sdictian for aid and direcfiion in the execution of the trusts and the enforcemen#of its r�ghts and remedies a�ailabEe under th�s Deed of Trust, and may obtain orders or decrees directing, confirm�ng or appro��ng ac�s in the executian of said trusts and th�enforcement af said rights and remed�es. Trustee has no obligation to no�ify any par#y of any pending sale or any ac�ion or proceeding �inc�uding, but not limited to, acf�ons in which Trustor, Ben�ficiary or Trustee shall be a party}unless held ar commenced and maintained �y Truste�unde�this Deed vf Trust. Trustee shall nv# be obligated tv pe�form any ac#requ�red of it under th�s Deed of Trust unless the perfo�mance of the act is requested in►n�riting and Tru�tee is r�asonably indemnified agains#all Iosses, costs, liabili#i�s and expens�s in connection #herewith. 4.�2 �om ensation• Excul ativn� I ndem nification. �a} Trustvr sha�� pay all Trust�e's fees and reimburse Trus#ee fvr a�l exp�nses in th� administra#ion of this trust, inc�uding r�asonable attorneys'fees. Trustor shal! pay Beneficiary reasonab[e compensation for ser�ices rendered cvncerning this Deed of Trust, �ncluding without��mita#inn, the pro�idEng of any statemen�of amvun�s �wfng under any Secured �bli�ation. Benefi�iary shall not d�rec#ly ar�ndirectfy be liable#o Trustor or any other person as a consequence of: �i}the exercise of any rights, remedies or power�s granted t� Beneficiary in #his Deed of Trus�; �ii}the failure ar refusa! vf Beneficiary ta perform or d�scharge any obligation or lia�il�ty of Trust�r under fhis Deed of Trust or any Lease�r other agreement rela�ed to the Subject Property; or��ii}any loss sustained by Trustor ar any third party as a result of Beneficiary's failure tv lease the Sub�ect Property after any Default or from any other ac�vr omission of Beneficiary in managing the Subjec# Property affer any D�fault unless su�h Ioss is caused by the willful miscanduc�or gross negligence of B�neficiary; and no such I�abili#y shall be asserted or enforced agains# Beneficiary, and all such liability�s hereby expressly wai�ed and releas�d by Trustor. ��} Trus#or shall indemnify Trusfe�and Beneficiary against, and hold them harmless fram, any and al� I�sses, damages, liabilities, cla�ms, causes of action,ju�gments, court cnsts, a#torneys'fees and vt�er�egal expens�s, cas#s of e�idence of ti�fe, cos#s of e�idence vf�alue, and other expenses which either may sufFe�or incur: �i} �y reason of�his Deed of Trust; tii} by reason of#he execution vf this trust or the perFormance of any act required or permit�ed hereund�r ar �y law;,�i��}as a result of any failure of _�_ . � p n .n:�fqisi�� ip iA�71111� II�:.: i i