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<br /> Prnperty by a re�eiver, Lender or any�ne c�aiming by, through ar under Lender. Indiv�dua�
<br /> Borro�wer sha��, and hereby agr�es t�, �ndemn�fy Lender for, and to hald Lender harmless from,
<br /> any and ai1 �iability, �oss or damage vvh�ch may or might be in�urred under the Leases �r any
<br /> Lease �uaranties �r with respect to the ownership or operati�n of the Property, under or by
<br /> reason of this Secur�ty Instrurnent and from any and al� claims and demands whatsaever,
<br /> inc�uding the defer�se of any such c�aims �r demands which may be asserted aga�nst L�nder by
<br /> reason of ar�y al�eged obligati�ns and undertakings on its part to perforrn or dis�harge any of the
<br /> terms, covenants �r agr�ements ��nta��.ed �n the Leases ar any Lease Guaranties, unless su�h
<br /> ��ab���ty, ��ss or damage �s caused by the illegal act, fraud, grass neg��gen�e or wil�ful
<br /> misc�nduct of Lender or such liability, Ioss �r damage arises frorn and after the taking �f actual
<br /> . physica� possess��n �f the Propert� by a rece��ver, Lender or anyone c�aiming by, thraugh or
<br /> � under Ler�der. Shou�d Lender ir�cur any such I�ability f�r which Individua� Borrower is ��ab�e
<br /> pursuant to the foregoing sentenc�s, the am�un� thereof, �ncluding reas�nab�e and documented
<br /> c�sts, expenses and attorneys' f�es, shall be secured by th�s Security Instru.ment and the other �
<br /> L�an Documents and Individual BarroWer sha11 reimburse Lender th�refnr within ten [1��
<br /> Business Days' fo��owir�g wr�tten demand and upon the failure �f Yndi��dua� Borrower s� to do
<br /> Lender m.ay, at it� �ption, dec�are all sums s�cured by this Security Instrument and th� other
<br /> Loan Documents immed�ate�y due and payable. No pravision of t�his Security Instrument shall
<br /> aperate to p�ace any obligat��n or �iabi��ty for the control, eare, mar�agement �r repair �f the
<br /> Propert� upon Lender, nor for the carr�ing aut af any of the terms and �ondit�ons of the Leases
<br /> or any Lease Guaranties prior to the entr� upon and taking of actua� physical possession of the
<br /> Pr�perty by a receiver, L�nder or any�ne claiming by through or under Lender; nor shall it
<br /> operate to make Lender respansible �r �xab�e f�r any waste comm�tted on the Prop�rty by the
<br /> tenants �r any other Person, or for an� dangerous or defective conditi�n of the Pr�perty
<br /> including, vvithout limitation, the presence of ar�y Hazardaus Substa.nces (as defined �n the
<br /> Env�ronmenta� Indemn�ty Agre�ment}, ar f�r any neg�igence in the management, upl�eep, repair
<br /> or contro� �f the Property resulting in loss or injury �r death to any tenant, licensee, emp�ayee or
<br /> stranger, �n any case prior to the entry upon and tal�ing �f actua� �h�sical possession �f the
<br /> Praperty by a receiver, Lender or anyane c�arming by, thr�ugh �r under Lender. Nothing herein
<br /> canta�ned sha�l b� c�nstrued as constituting Lender a "mortgagee in possession" in the absence
<br /> of the taking af actual possessi�n of the Land and Impr�vements by Lender. In the exercise of
<br /> the powers herein granted Lender, no liability �ha11 be asserted �r enf�rced against Lender, a��
<br /> such l�ab��ity being expressly waived and released by Individual Borr�wer, except to the e�tent
<br /> such �iab�lity re�ates to the gross n�g�iger�ce, wil�ful misc�nduct, fraud or��legal acts of Lend�r.
<br /> ARTI�LE 15 -DEED �F TRUST PR�VISI�NS
<br /> Section 15.1 ��ncern�n the.Trustee. If d�re�ted by Lender to farec�ose the
<br /> l�en and s�curity interest of this Secur�ty Instrurner�t, Trustee wi�� e�ther personal�y �r by agent
<br /> give notice ��the foreclasure sale as r�quired by the state 1aW then �n effect and se�� and convey
<br /> all ar part of the Property "AS IS" t� the highest bidd�r for cash w�th a spe�ial warranty bind�ng
<br /> Indiv�duai Borr�wer, subj ect t� the Perm�tted En�umbrances and w�th�ut representation or
<br /> � warranty, express or �mplied by Trustee. Trustee shali pay from the proceeds �f the sa�e, �n this
<br /> order �a} expenses �f foreciosure; �b}to Lend�r, the fu�l amaunt of pr�ncipa�, interest, reasanab�e
<br /> and do�umented attorney's fees, and other �harges due and unpaid; �c� any amounts required by
<br /> law to be paid befare pa�ment to Indi�iduaX Borrower; and �d} t� Ind�vidua� Borrow�r, any
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<br /> [NEWY�R�3�69827 4]
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