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<br />201502075
<br />thereof, by nonjudicial foreclosure sale or deed in lieu of foreclosure, the purchaser of the
<br />Mortgaged Property, or such part thereof, shall succeed to all of Trustor's rights, including any
<br />rights to unexpired insurance and unearned or returnable premiums, in and to all insurance
<br />policies required by Section 1.05, subject to limitations on assignment of blanket policies, and
<br />limited to such rights as relate to the Mortgaged Property or such part thereof. If Beneficiary
<br />acquires title to the Mortgaged Property, or any part thereof, in any manner, it shall thereupon (as
<br />between Trustor and Beneficiary) become the sole and absolute owner of the insurance policies,
<br />and all proceeds payable thereunder with respect to the Mortgaged Property, or such part thereof,
<br />required by Section 1.05, with the sole right to collect and retain all unearned or returnable
<br />premiums thereon with respect to the Mortgaged Property, or such part thereof, if any.
<br />Section 1.09. Indemnification; Subrogation; Waiver of Offset.
<br />(a) If Beneficiary is made a party defendant to any litigation concerning this
<br />Deed of Trust or the Mortgaged Property, or any part thereof or interest therein, or the
<br />occupancy thereof by Trustor, then Trustor shall indemnify and hold Beneficiary
<br />harmless from all liability by reason of such litigation, including all reasonable attorneys'
<br />fees and expenses incurred by Beneficiary in any such litigation, whether or not any such
<br />litigation is prosecuted to judgment; provided, however, the foregoing indemnity shall
<br />not extend to any liability (including reasonable attorneys' fees and expenses) which a
<br />court of competent jurisdiction determines results from the gross negligence or willful
<br />misconduct of the Beneficiary. Upon an Event of Default, Beneficiary may employ an
<br />attorney to protect its rights hereunder, and in the event of such employment following an
<br />Event of Default, Trustor shall pay all reasonable attorneys' fees and expenses incurred
<br />by Beneficiary, whether or not an action is actually commenced against Trustor by reason
<br />of an Event of Default.
<br />(b) Trustor waives any and all right to claim or recover against Beneficiary,
<br />its officers, employees, agents and representatives, for loss of or damage to Trustor, the
<br />Mortgaged Property, Trustor's property or the property of others under Trustor's control
<br />from any cause insured against or required to be insured against by the provisions of this
<br />Deed of Trust.
<br />(c) All sums payable by Trustor hereunder shall be paid without notice,
<br />demand, counterclaim, setoff, deduction or defense and without abatement, suspension,
<br />deferment, diminution or reduction, and the Secured Obligations of Trustor hereunder
<br />shall in no way be released, discharged or otherwise affected by reason of: (i) any
<br />damage to or destruction of or any condemnation or similar taking of the Mortgaged
<br />Property, or any part thereof; (ii) any restriction or prevention of or interference with any
<br />use of the Mortgaged Property or any part thereof; (iii) any title defect or encumbrance or
<br />any eviction from the Property or the Improvements, or any part thereof, by title
<br />paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition,
<br />adjustment, dissolution, liquidation or other like proceeding relating to Trustor, or any
<br />action taken with respect to this Deed of Trust by any trustee or receiver of Trustor, or by
<br />any court, in any such proceeding; or (v) any other occurrence whatsoever, whether
<br />similar or dissimilar to the foregoing; whether or not Trustor shall have notice or
<br />knowledge of any of the foregoing. To the extent permitted by law, Trustor waives all
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