Laserfiche WebLink
in granting any easement or creating any restriction affecting the Property; or (iii) join in any <br />subordination or other agreement affecting this Deed of Trust or the lien of it. <br />Section 4.04. No Release. If either Beneficiary or Trustee performs any act that it is <br />empowered or authorized to perform under this Deed of Trust, including any act permitted by <br />Section 4.01, Section 4.02, or Section 4.03 above, that act alone does not release or change <br />the personal liability of any person for the payment and performance of the Secured Obligations <br />then outstanding, or the lien of this Deed of Trust on all or the remainder of the Property for full <br />payment and performance of all outstanding Secured Obligations. <br />201505323 <br />ARTICLE V <br />COMPENSATION, EXCULPATION, INDEMNIFICATION <br />Section 5.01. Compensation. Trustor agrees to: (a) pay the reasonable fees charged <br />by Beneficiary and Trustee for any services that Beneficiary or Trustee may render in <br />connection with this Deed of Trust, including Beneficiary's providing a statement of the Secured <br />Obligations or Trustee's execution of a reconveyance; (b) pay or reimburse all of Beneficiary's <br />and Trustee's reasonable costs and expenses incurred in rendering any such services; and (c) <br />pay or reimburse Beneficiary for all costs, expenses, and other advances reasonably incurred or <br />made by Beneficiary or Trustee in performing any of Trustor's obligations under this Deed of <br />Trust or in any efforts to enforce any terms of this Deed of Trust, including any rights or <br />remedies afforded to Beneficiary or Trustee or both of them under Section 6.02, whether any <br />lawsuit is filed or not, including any bankruptcy or other voluntary or involuntary proceeding, in <br />or out of court, for the adjustment of debtor - creditor relationships, or in defending any action or <br />proceeding arising under or relating to this Deed of Trust, including reasonable attorneys' fees <br />and other legal costs, costs of any foreclosure sale, and any cost of evidence of title. If <br />Beneficiary chooses to dispose of the Property through more than one foreclosure sale, Trustor <br />shall pay all costs, expenses, or other advances that may be incurred or made by Trustee or <br />Beneficiary in each of those foreclosure sales. <br />Section 5.02. Exculpation. Beneficiary is not directly or indirectly liable to Trustor or any <br />other person as a consequence of: (a) Beneficiary's exercise of or failure to exercise any rights, <br />remedies, or powers granted to it in this Deed of Trust; (b) Beneficiary's failure or refusal to <br />perform or discharge any obligation or liability of Trustor under any agreement related to the <br />Property or under this Deed of Trust; or (c) any loss sustained by Trustor or any third party <br />resulting from Beneficiary's failure to lease the Property, or from any other act or omission of <br />Beneficiary in managing the Property after an Event of Default, unless any loss, damage, or <br />liability suffered by Trustor arising from any action of Beneficiary under (a) through (c) above is <br />caused by the willful misconduct or gross negligence of Beneficiary. <br />EXCEPT AS EXPRESSLY STATED ABOVE, TRUSTOR HEREBY EXPRESSLY WAIVES <br />AND RELEASES ALL LIABILITY OF THE TYPES DESCRIBED ABOVE, AND TRUSTOR <br />AGREES NO SUCH LIABILITY BE ASSERTED AGAINST OR IMPOSED UPON <br />BENEFICIARY. <br />Section 5.03. Indemnification. Except with regard to actions identified under Section <br />5.02 above arising from the willful misconduct or gross negligence of Beneficiary, Trustor <br />agrees to indemnify Trustee and Beneficiary against and hold them harmless from all losses, <br />damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other <br />FNBO /Nova -Tech <br />Leasehold Deed of Trust <br />DOCS/1660400.5 <br />10 <br />