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� 2� 17�2� 13 <br /> LES S BENEFICIARY SHALL SURVIVE THE �AN�ELLATI�N 4F THE SE�URED <br /> �BLIGATI�NS AND THE RELEASE, REC�NVEYAN�E �R PARTIAL REC�NVEYANCE �F <br /> THIS I]EED�F TRUST. <br /> �e� Trustor shall advise Benefic�ary in wri.t�ng wi�hin�en(1�} days of Trustor�s dis�overy of any <br /> occurrence or conditinn on the Trust Property or on any r�al proper�y adj oining or in the �icini�y of the <br /> Trust Proper�y that does or could cause a�l or any part of the Trust Property to be contaminate�with any <br /> Hazardous Materials �r otherwise be in violation of any Hazardous Materials Laws, ar cause �he Trust <br /> Property to be subj ect to any restrictians an the ownership, occupancy,transferabil�ty or use thereof und�r <br /> any Hazardous Mat�rials Laws. <br /> 3.14 Protection of Secur�ty. Trustflr shall, at Trustar's sale exp�nse: �a}protec�, preserve and <br /> d�fend the Trust Prop�rty and Trustar's t�tle and right to possess�on af the Trust Praperty against all <br /> adverse claims; �b�if Trustor's interes� in the Trust Prop�rty is a �easehald interest or estate, pay and <br /> perform in a time�y manner al� obligations to be paid andlor performed by�he lessee or tenant under the <br /> lease or ather agreement creat�ng such leaseh�ld interest or estat�; and �c}protect, preserve and defend <br /> the security of this Deed of Trust and the r�ghts and povvers af Beneficiary and Trustee under this Deed of <br /> Trust against all adverse c�aims. Trus��r shal� g�ve Beneficiary and Trustee prompt n�tice in wr�ting of <br /> the assertion af any claim, the filing of any action or proceeding, or the occurrence af any material <br /> damag�, condemnation offer or other acti�n relating to or affecting �he Trust Property and, if Trustor's <br /> interest �n the Trust Proper�y is a �easehold interest or estate, af any notxce af default or demand for <br /> performar�ce under the leas� or o�her agreem�nt pursuant tfl which such leasehold interesti or estat� was <br /> created or exists. <br /> 3.1 I Acce tance of Trust• Powers and Duties of Trus�ee. Trustee ac�epts this trust when this <br /> I]eed af Trus� is ex�cu�ed. Fram time to �ime, upon written request af Ben�ficiary and, to the ex�ent <br /> requir�d by applicable 1aw presentation �f this D�ed of Trus� for endorsement, and withou� affect�ng the <br /> personal ��ability of any person for payment of any indebtedness or perfarmance of any of the Secured <br /> �bligations, Beneficiary, or Trustee at Beneficiary's directian, may, without obligation to do so or <br /> ��ability therefor and without notice: �a�recan�ey all or any part of the Trust Prop�rty from the lien of <br /> this Deed of Trust; �b�consent to the making of any map or plat of the Trust Property; and�c}j oin in any <br /> grant of easemen� or declaration of covenants and r�strictions with respect to the Trust Property, or any <br /> �xt�nsx�n agreement ar any agreement subor�ir�ating the lien ar charge of this Deed of Trust. Trustee or <br /> Benefic�ary may from time to �ime apply ta any cour� of competen�jurisdiction for aid and d�rection in <br /> the executi�n �f the trusts and the enfarcement of its rights and remedtes avai�able under this Deed of <br /> Trust, and may obta�n orders or decrees d�recting, confirming or approving acts in the execution af said <br /> trusts and the enforcement of said rights and remedies. Trust�� has no ob�igation to notify any party of <br /> any pend�ng sale or any action or proceeding �including, but not limited to, actians in which Trustor, <br /> Beneficiary or Trustee sha11 be a party� un��ss held or commenced and maintained by Trustee under this <br /> Deed of Trust. Trus�ee sha11 na� be obligated to perform any act required af it under this Deed af Trust <br /> ur�ess the perfarmance of�he act is requested in writing and Trus�e�is reasonably indemnifxed against all <br /> losses, C�5t5, liabilities and expenses in cor�xlectian therewith. <br /> 3.12 �om ensation• Excul ation• Indemnificatior�. <br /> (a) Trustor sha1� pay all Trustee's fees and reimburse Trustee for alI expenses in the <br /> administration of this trust, including reasonable att�rneys' fees. Trustor shall pay Beneficiary reasanable <br /> campensation for services rendered cancerning this Deed of Trust, including without limitatian, the <br /> providing of any stat�ment of amaunts �wing under any Secured 4b��gation. Benef�c�ary shall not <br /> d�r�ctly or indirectly be liable ta Trustor ar any other person as a consequence of: �i}the exercise of any <br /> r�ghts, remedies ar powers grar�ted ta Beneficiary in this Deed �f Trust; [ii}the failure or refusal of <br /> Benef�ciary ta perform or discharge any obl�gatian or liability of Trustor under�his Deed af Trus�or ather <br /> agre�ment rela�ed to the Trust Property; or�iii}any loss susta�ned by Trustor or any third party as a result <br /> _�_ <br />