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201605326 connection with this Deed of Trust, including Beneficiary's providing a statement of the Secured Obligations or Trustee's execution of a reconveyance; (b) pay or reimburse all of Beneficiary's and Trustee's reasonable costs and expenses incurred in rendering any such services; and (c) pay or reimburse Beneficiary for all costs, expenses, and other advances reasonably incurred or made by Beneficiary or Trustee in performing any of Trustor's obligations under this Deed of Trust or in any efforts to enforce any terms of this Deed of Trust, including any rights or remedies afforded to Beneficiary or Trustee or both of them under Section 6.02, 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 reasonable attorneys' fees and other legal costs, costs of any foreclosure sale, and any cost of evidence of title. If Beneficiary chooses to dispose of the Property through more than one foreclosure sale, Trustor shall pay all costs, expenses, or other advances that may be incurred or made by Trustee or Beneficiary in each of those foreclosure sales. Section 5.02. Exculpation. Beneficiary is not directly or indirectly liable to Trustor or any other person as a consequence of: (a) Beneficiary's exercise of or failure to exercise any rights, remedies, or powers granted to it in this Deed of Trust; (b) Beneficiary's failure or refusal to perform or discharge any obligation or liability of Trustor under any agreement related to the Property or under this Deed of Trust; or (c) any loss sustained by Trustor or any third party resulting from Beneficiary's failure to lease the Property, or from any other act or omission of Beneficiary in managing the Property after an Event of Default, unless any loss, damage, or liability suffered by Trustor arising from any action of Beneficiary under (a) through (c) above is caused by the willful misconduct or gross negligence of Beneficiary. EXCEPT AS EXPRESSLY STATED ABOVE, TRUSTOR HEREBY EXPRESSLY WAIVES AND RELEASES ALL LIABILITY OF THE TYPES DESCRIBED ABOVE, AND TRUSTOR AGREES NO SUCH LIABILITY BE ASSERTED AGAINST OR IMPOSED UPON BENEFICIARY. Section 5.03. Indemnification. Except with regard to actions identified under Section 5.02 above arising from the willful misconduct or gross negligence of Beneficiary, Trustor agrees to indemnify Trustee and Beneficiary against and hold them harmless from all losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses that either may suffer or incur: (a) in performing any act required or permitted by this Deed of Trust or by law; (b) because of any failure of Trustor to perform any of the Secured Obligations; or (c) because of any alleged obligation of or undertaking by Beneficiary to perform or discharge any of the representations, warranties, conditions, covenants, or other obligations in any document relating to the Property other than the Loan 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 OR RECONVEYANCE OF THIS DEED OF TRUST. Trustor shall pay all obligations to pay money arising under this Article V immediately upon demand by Trustee or Beneficiary. Each such obligation shall be added to, and considered to be part of, the principal of the Note, bears interest from the date the obligation arises at the rate FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 10