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. <br /> 2� 17�2� 17 <br /> B�neficiary in managing the Trust Proper�y after any I]efaul� unl.ess such loss is caused by the wil�ful <br /> mi.sc�nduct or gross negligenc�of Beneficiary; and na such liab��i�y shall be asserted or enforced against <br /> Beneficiaxy, and all suCh liability is hereby expressly waived and released by Trustor. <br /> �b� Trustor shal� indemnify Trustee and Benefic�ary aga�nst, and hold them harn��ss from, any <br />, and a�� losses, damages, liab�lities, claims, caus�s af ac�ion, judgments, �aur� casts, attarneys' fees a.nd <br /> other legal expenses, costs of evidence af title, costs af evidence af value, and other �x�ens�s which <br /> e�ther may suffer or�n�ur: �i]by reason of this I]eed af Trust; �ii�by reason of the execution of this trust <br /> or the performance of any act required or permitt�d hereunder or by law; �iii�as a result af any failure of <br /> Trustor to perform Trustor's obligations; or (iv�by reasan of any alleged abligation ar undertaking of <br /> Beneficiary t�perform or discharge any of the representations, warranties, conditions, covenants or other <br /> obligations contained in any o�her documen� re�ated to the Trust Praperty, including w�thout limi�ation, <br /> the payment �f any taxes, assessmen�s, rents or other �ease obligatians, l�ens, encumbrances �r other <br /> obligatians of Trustar under this I3eed of Trust. Trustor's duty ta indemni.fy Trustee and Beneficiary shall <br /> survive the payment, discharge or cancellatian of �he S ecured ��I�gations and the release ar <br /> rec�nveyance, in whoie or in par�, of this Deed of Trust. <br /> �c� Trustor sha�l pay all indebtedness arising under this 5 ec�ian immediately upon demand by <br /> Trustee or Beneficiary,tage�her with in�erest thereon from the date such indebtedness arises a�the highest <br /> rate per annum payable under any Secured �b�iga�ian. Beneficiary may, at its option, add any such <br /> indebtedness t�any Secured�b�igatian. <br /> 3.13 Substitution of Trustees. From �ime to time, by a wri�ing s�gned and acl�nowledged by ' <br /> Ben�f�ciary and recorded in each�ffice in which this I3eed of Trus�is recorded, Beneficiary may appoin� <br /> another trustee to act in the place and stead of Trustee or any successor. 5uc�i vvriting shall s�t for�h the <br /> recordation da�e and any recording or ather information required by law. The recordatian of su�h <br /> instrum�nt of subst��u�ion shall dzscharg� Trus�ee herein named and sh�ll appointi �he new trustee as the <br /> trus�ee hereunder with the same effect as if originally named Trustee herein. A vvriting recorded pursuant <br /> to the provisions af this Section shall be conclusive pro�f of the proper substitut��n of such new Trus�ee. <br /> � <br /> 3.14 Due �n Sale ar Encumbrance. Exc�pt as permit�ed by the prov�sions of any Secured <br /> �bligatior� or appl�cable Iaw, if the Trust Proper�y or any interest therein shall b� sold, transferred <br /> �including without limita�i�n, where app�icable, through sa�e or transfer of a maj arity or controlling <br /> interest of th� corparate s�ock, or a.ny general partnership, �imited liab��ity c�mpany or ather similar <br /> interests, of Trustor},martgaged,assigned, encumhered or leased,whether voluntarily, �nvo�untarily or by <br /> operation of Iaw �each �f which actions and events is call�d a "Transfer"�, wi�hout Beneficiary's prior <br /> wr�tten consent, THEN Beneficiary may, at its sole option, declare all Secured �bligations immedia�ely <br /> due and payable in full. Trustor shall no�ify B eneficiary in writ�ng o f each Transfer w�thin ten (1�) <br /> business days of the date thereof. <br /> 3.15 Rel�ases Extensions M�dif�cations and Additional Securit . Without notice ta or the <br /> �onsent, approval or agreement af any persans or ent�ties having any interest at any time in the Trust <br /> Proper�y or in any manner obligated under any Secured �bligation �each, an "Interested Party"�, <br /> Benefi�iary may, fr�m time ta time, rel�ase any Interested Farty fr�m liability for the payment of any <br /> Secured �bligation, take any action ar make any agreement ext�nding the maturity or otherwise altering <br /> the terms �r increasing the amaunt af any Secured �bliga�ion, accept a�lditiona� s�curity, and enforce, <br /> waive, subordinate or release al� or a port�an of�he Trus�Property or any other security for any Secured <br /> �bligatian. None of the foregoing actions shall release ar reduce the personal liabilzty of any In�erested <br /> Part�,nor release or impair the priarity af the lien of this I]eed of Trust upon the Trust Property. <br /> 3.15 Rec�nveyance. Upon Beneficiary's written request, and solely �o the ex�ent required by <br /> appli�able law upon surrender of this De�d of Trust and every no�e or other instrum�nt setting forth any <br /> Secured 4bligatians �o Trustee for �ancel�atian, Trustee shall reconv�y, without warranty, the Trust <br /> _�_ <br />