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all losses, costs, liabilities and expenses in connection therewith.
<br />4.12 Compensation: Exculpation: Indemnification.
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<br />(a) Trustor shall pay all Trustee's fees and reimburse Trustee for all expenses in the administration of
<br />this trust, including reasonable attorneys' fees. Trustor shall pay Beneficiary reasonable compensation
<br />for services rendered concerning this Deed of Trust, including without limitation, the providing of any
<br />statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be
<br />liable to Trustor or any other person as a consequence of: (i) the exercise of any rights, remedies or
<br />powers granted to Beneficiary in this Deed of Trust; (ii) the failure or refusal of Beneficiary to perform or
<br />discharge any obligation or liability of Trustor under this Deed of Trust or any Lease or other agreement
<br />related to the Real Property; or (iii) any loss sustained by Trustor or any third party as a result of
<br />Beneficiary's failure to lease the Real Property after any Default or from any other act or omission of
<br />Beneficiary in managing the Real Property after any Default unless such loss is caused by the willful
<br />misconduct or gross negligence of Beneficiary; and no such liability shall be asserted or enforced
<br />against Beneficiary, and all such liability is hereby expressly waived and released by Trustor.
<br />(b) Trustor shall indemnify Trustee and Beneficiary against, and hold them harmless from, any and all'
<br />losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other
<br />legal expenses, costs of evidence of title, costs of evidence of value, and other expenses which either
<br />may suffer or incur: (i) by reason of this Deed of Trust; (ii) by reason of the execution of this trust or the
<br />performance of any act required or permitted hereunder or by law; (iii) as a result of any failure of
<br />Trustor to perform Trustor's obligations; or (iv) by reason of any alleged obligation or undertaking of
<br />Beneficiary to perform or discharge any of the representations, warranties, conditions, covenants or
<br />other obligations contained in any other document related to the Real Property, including without
<br />limitation, the payment of any taxes, assessments, rents or other lease obligations, liens, encumbrances
<br />or other obligations of Trustor under this Deed of Trust. Trustor's duty to indemnify Trustee and
<br />Beneficiary shall survive the payment, discharge or cancellation of the Secured Obligations and the
<br />release or reconveyance, in whole or in part, of this Deed of Trust.
<br />DeedOfTrust -NE Job 2027330610- 1966041276 Term Loan Vers.1 05/15/2015
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<br />(c) Trustor shall pay all indebtedness arising under this Section immediately upon demand by Trustee or
<br />Beneficiary, together with interest thereon from the date such indebtedness arises at the highest rate per
<br />annum payable under any Secured Obligation. Beneficiary may, at its option, add any such
<br />indebtedness to any Secured Obligation.
<br />4.13 Substitution of Trustees. From time to time, by a writing signed and acknowledged by Beneficiary,
<br />recorded in each Office in which this Deed of Trust is recorded, Beneficiary may appoint another trustee
<br />to act in the place and stead of Trustee or any successor. Such writing shall set forth the recordation
<br />date and any recording or other information required by law. The recordation of such ofvomisow$MEttgri
<br />substitution shall discharge Trustee herein named and shall appoint the new trustee as the trustee
<br />hereunder with the same effect as if originally named Trustee herein. A writing recorded pursuant to the
<br />provisions of 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 Secured Obligation or
<br />applicable law, if the Real Property or any interest therein shall be sold, transferred (including without
<br />limitation, where applicable, through sale or transfer of a majority or controlling interest of the corporate
<br />stock, or any general partnership, limited liability company or other similar interests, of Trustor),
<br />mortgaged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law
<br />(each of which actions and events is called a "Transfer"), without Beneficiary's prior written consent,
<br />then Beneficiary may, at its sole option, declare all Secured Obligations immediately due and payable in
<br />full. Trustor shall notify Beneficiary in writing of each Transfer within ten (10) business days of the date
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