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� 2� 17�2� 15 �
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<br /> unless the perfarmance of the act�s requested in writing and Trustee is reasanably indernnif�ed against aI1
<br /> losses, costs, l�abzlities and expenses in connection therewith.
<br /> 3.�2 Com ensation• Excu� ation• Indemnification.
<br /> (a] Trustor shall pay all Trustee's fees and re�mhurse Trus�ee for all expenses �n the
<br /> admin�stration of this trus�, including reasonable attorneys'fees. Trust�r shall pay Beneficiary reasonable
<br /> compensation for services rendered cancerning this Deed af Trust, inc�ud�ng vvithou� l�mitation, the
<br /> prnv�ding of any statement of amounts owing und�r any Secured �bligati�n. Benefic�ary sha�� not
<br /> directly or ind�rectly be liable to Trustor ar any�ther person as a consequence of: (i}the exercis�of any
<br /> rights, remedies or powers granted to Beneficiary in �his Deed of Trust; �ii�the failure or r�fusal of
<br /> Beneficiary to perform ar discharg�any obligation or liabil�ty of Trustor under th�s Deed of Trust or�ther
<br /> ;
<br /> agreemen�re�ated to the Trust Proper�y; or�iii} any l�ss sustained by Trustor ar any third par�y as a resu�t
<br /> of Beneficiary's failure t� lease the Trust Property after any Default or from any other act or omission of
<br /> Beneficiary in managing �he Trus� Proper�y after any I�efault unless su�h loss is cause� by the willful
<br /> misconduct or gross neg�igence �f Beneficzary; and no such liahility shall be ass�rted or enforced against
<br /> Beneficiary, and a�� such liability is hereby expressly wai�ed and released by Trustor. �
<br /> �b) Trustor sha�l indemnify Truste� and Beneficiary against, and hold them harmless from, any
<br /> and a�l losses, damages, liabilities, cla�ms, causes of action, judgments, court Costs, attorneys' fees and
<br /> other legal exp�nses, casts of evidenc� �f�itle, costs of �va.dence �f value, and other expenses which
<br /> e�ther may suffer ar incur: �i�by reason af this Deed of Trust; ��i�hy r�ason of the execution of this trust
<br /> �r the p�rformance of any act required or permi�ted hereunder nr by law; �iii�as a result of any failure of
<br /> Trustar ta perform Trus�or's �bligatians; ar �iv�l�y reason af any al�eged obiigati�n ar undertaking of
<br /> Benefi�iary to p�rf�rm or discha.rge any of the representations, warranties, c�nd�tions, covenant� or nth�r
<br /> obliga�i�ns contained in any ather document relat�d to �he Trust Property, inc�u�iing v�ithout limitation,
<br /> the payment of any taxes, assessments, rents ar other lease obligations, liens, en�umbrances or other
<br /> obligations of Trus�or under this Deed af Trust. Trus��r's duty ta indemnify Trustee and Beneficiary shall
<br /> survive the payment, discharge ar cancellati�n of the Secured �bligat�ans and the release or �
<br /> recanveyance, in whole or in par�, of this Deed of Trust.
<br /> �c} Trustor shall pay all indebt�dn�ss arising under this Section immediately upon demand by
<br /> Trustee or Beneficiary, together with interest thereon fram the date such indebtedness arises at the highest
<br /> rate per ar�urn payable under any S ecured �bligation. Ben�f�ciary may, at its option, add any su�h
<br /> indebtedr�ess to any S�cured�bligation.
<br /> 3.13 Substitution of Trustees. From tim� ta time, by a writing signed an� a�knowl�dged by
<br /> Beneficiary and rec�rded in each�ff�ce in which this D�ed of Trust is recorded,Beneficiary may appoint
<br /> another trustee to act �n the place and stead of Trustee or any suc�essar. Such writing sha11 set farth the
<br /> recorda�ion date and any recording or o�her infarmation r�quired by law. The recardatian of such
<br /> instrument of substi�ution shall discharge Truste� herein named and shali appoint the new trustee as �he
<br /> trus�ee hereunder w�th the same effect as if originally named Trustee herein. A writing recorded pursuan�
<br /> to the provisions of this Section sha�l be conc�usi�e proof of the proper substitutian of such n�w Trustee.
<br /> 3.14 I]u� on Sale or Encumbranc�. Except as permitted by the �]rQVI51�x15 of any Secured
<br /> �bligation or applicable law, if the Trust Proper�y �r any interest therein shall be sold, transferred
<br /> �inc�uding withvut limi�ation, �vhere applicab�e, through sale �r transfer of a maj ority or cantro�ling
<br /> interest af �he corporate s�ock, or any general par�nership, limited liabil�ty campany or other similar
<br /> interests, of Trustor�,mortgaged, assign.�d, encumbered ar leased,vvhether valuntarily, invo�untarily or by
<br /> operation of law �each of which act�ans and even�s is called a "Transf�r"�, withaut Beneficiary's prior
<br /> vvritten consent, THEN Beneficiary may, at its sole opti�n, declare all Secured �bligati�ns imm�dia�ely
<br /> due and payable in full. Trustor sha�l notify Beneficiary �n writing of each Transfer within ten ���}
<br /> business days of the date th�reof.
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