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Willoughby Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing Loan no. 197694 11 2 01503758 calculated at the Prohibited Transfer Rate from the date of the Prohibited Transfer to the date payment is received by Beneficiary (that amount, the "Prohibited Transfer Rate Adjustment Amount"). Beneficiary's rights under this Section 7.09(b) are an option available to Beneficiary, and unless elected by Beneficiary, a Prohibited Transfer will constitute an Event of Default and all Obligations will bear interest at the Default Rate. 7.10 Compensation and Reimbursement of Costs and Expenses. Trustor shall pay (1) fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Trustee and Beneficiary when the law provides no maximum limit, for any services that Trustee and Beneficiary may render in connection with this deed of trust, including Beneficiary's providing a statement of the Secured Obligations; (2) all of Trustee and Beneficiary's costs and expenses which may be incurred in rendering any such services; and (3) all costs, expenses and other advances which may be incurred or made by Trustee or Beneficiary in any efforts to enforce any terms of this deed of trust or protect the Property, including any rights or remedies afforded to Trustee or Beneficiary under Section 8.02, whether any lawsuit is filed or not, including any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor - creditor relationships, or in defending any action or proceeding arising under or relating to this deed of trust, including Legal Fees, costs of any Foreclosure Sale (defined in Section 8.02) and any cost of evidence of title. If Beneficiary chooses to dispose of Property through more than one Foreclosure Sale, Trustor must pay all costs, expenses or other advances that may be incurred or made by Trustee or Beneficiary in each of those Foreclosure Sales. 7.11 Indemnification. TRUSTOR SHALL INDEMNIFY TRUSTEE AND BENEFICIARY AGAINST AND SHALL HOLD THEM HARMLESS FROM ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, COURT COSTS, LEGAL FEES, COST OF EVIDENCE OF TITLE, COST OF EVIDENCE OF VALUE, AND OTHER COSTS AND EXPENSES WHICH EITHER OF THEM MAY SUFFER OR INCUR: (A) IN PERFORMING ANY ACT REQUIRED OR PERMITTED BY THIS DEED OF TRUST OR ANY OF THE OTHER SECURED OBLIGATION DOCUMENTS OR BY LAW; (B) BECAUSE OF ANY FAILURE OF TRUSTOR TO PAY OR PERFORM ANY OF THE SECURED OBLIGATIONS; OR (C) BECAUSE OF ANY ALLEGED OBLIGATION OF OR UNDERTAKING BY TRUSTEE AND BENEFICIARY TO PERFORM OR DISCHARGE ANY OF THE REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS OR OTHER OBLIGATIONS IN ANY DOCUMENT RELATING TO THE PROPERTY (OTHER THAN SUCH WARRANTIES, CONDITIONS, COVENANTS OR OTHER OBLIGATIONS IN THE SECURED OBLIGATION DOCUMENTS). THIS AGREEMENT BY TRUSTOR TO INDEMNIFY TRUSTEE AND BENEFICIARY SURVIVES THE RELEASE AND CANCELLATION OF ANY OR ALL OF THE SECURED OBLIGATIONS AND THE FULL OR PARTIAL RELEASE AND /OR RECONVEYANCE OF THIS DEED OF TRUST. 7.12 Payments Due Under This Deed of Trust. Trustor must pay all obligations to pay money arising under this deed of trust immediately upon demand by Trustee or Beneficiary. Each such obligation shall bear interest from the date the obligation arises at the Default Rate. ARTICLE 8 — EVENTS OF DEFAULT AND REMEDIES 8.01 Events of Default. The following each shall be an event of default under this deed of trust (an "Event of Default "): (1) an Event of Default as defined in the Loan Agreement; (2) a Prohibited Transfer; (3) the filing of a Maximum Amount Notice; (4) if Trustor is in default beyond applicable notice and grace periods under any other mortgage, deed of trust, deed to secure debt or other security agreement covering any part of the Property, whether it be superior or junior in lien to this deed of trust; Rev. 1.7.2015