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a <br /> 2� 17�2� 19 <br /> af Beneficia.ry's fai�ure ta Iease the Trust Froperty after any Defau�t ar from any�th�r act or omissian of <br /> Beneftciary �n manag�r�g the Trust Property after any Defau�t unless such �oss is caused by the wi�lful <br /> misconduct or grvss negl�g�n�� �f Beneficiary; and no such liability shall be ass�r�ed or enforced against <br /> Benef�c�ary, and a1I such l�abi�ity�s h�r�by expressly waived and released by Trustor. <br /> �b} Trustar shall �nd�mn�.fy Truste� and Beneficiary against, and hold them harmless from, any <br /> and aII �osses, damages, liab�lities, claims, causes of acti�n,judgmentis, caur� casts, a�torneys' fees and <br /> other legal expenses, costs af eviden�e of�itle, c�s�s of evidence �f value, and other expenses which <br /> either may suffer or incur: �i}hy reason of this Deed of Trust; �x�}by reason of the�xecution of this trust <br /> or�he perfarmance of any ac�required or permi�ted hereunder or by law; (iii}as a result of any failure of <br /> Trustor to perform Trustar's obligatians; or �iv��y reason of any all�ged obligatian or undertaking of <br /> Beneficiary to perform or discharge any�f the representations, warranties, cond�tians, covenants or other <br /> obligations contained �n any other dncument re�ated �o the Trust Property, including without limitat�on, <br /> the payment af any taxes, assessments, ren�s or ather lease ob�igations, �iens, �ncumbrances �r other <br /> �bliga�ions �f Trustor under this Deed of Trust. Trustor's duty ta indemr�ify Trustee and Beneficiary shall <br /> survi�e �he payment, diseharge ar cancellatian of �he S ecured �b�igat�nns and the re�ease or <br /> rec�nveyance,in whole�r in part, of this Deed of Trust. <br /> (c} Trus�or shall pay a�l indebtedness arising under this Section irnmediate�y upon demand by <br /> Trustee or Benefic�ary,tagether with int�res��hereon from the date such indebtedness arises at�he highest <br /> rate per annum payable under any Secured �bligatian. Beneficiary may, at its optian, add any such <br /> indebtedness to any Secured�bliga�ion. <br /> 3.13 Substitution of Trustees. Frnm time to time, by a writing signed and acknawledged by <br /> Beneficiary and recorded in each�ffice in which this Deed af Trust�s recorded,Benef�ciary may appoint <br /> ana�her trustee to act �n the place and stead �f Trustee or any successor. Such writing shall se� forth the <br /> re�ardatiar� date and any recording or other �nfnrmation r�quired by la�u. The recorda�ion of such <br /> instrument of substi�ution sha�l discharge Trustee herein named and shall appoin� the n�w trustee as �he <br /> trus�ee hereurader with the same effect as if origina��y named Trustee herein. A writ�ng recorded pursuant <br /> to the provis�ons of�his Sect�on shall be conclusive proof of the proper substitution of such nevv Trustee. <br /> 3.14 Due on Saie or Encumbrance. Except as permitted by the provisions of any Secured <br /> �bligat�on �r app�icable law, if the Trust Proper�y or any inter�st therein shall be sold, transferred <br /> �including without limitation, where appli�able, through sale or transfer of a maj ority or cantrolling <br /> �nterest of the corporate stock, or any general partnership, �imited �iability company or other simi�ar <br /> interests, of Trus�or},martgaged, assigned, encumbered or leased,whether valuntari�y,inva�untarxly or by <br /> operatinn of law �ea�h of which actians and events is called a "Transfer'"�, with�ut Beneficiary's prior <br /> written cansen�, THEN Beneficiary may, at its sole option, declare all Secured �h liga��ons �mme dia�e ly <br /> due and payable in full. Trustar shall notify Ben�f ciary in writing of ea�h Transfer within ten �1�� <br /> business days of the date thereof. <br /> 3.15 Releases Extensions Mndificatxons and Additional Securit . Without notice ta or �he <br /> consent, appra�al or agreement of any pers�ns or entities having any interest at any �ime in the Trust <br /> Property or in any manner oh�igated un�ier any Secured �bligation �each, an "Interested Party"}, , <br /> Beneficiary may, fram time t� �ime, release any Interested Party from liab�lity for the payment af any <br /> Secured �bligation, take any action or make any agreement extending the maturity or oth�rwise altering <br /> the terms or ir�creasing the amount of any Secured �b�igation, accept additiona� secur�ty, and enforce, <br /> waive, subordinate ar release all or a partion of the Trust Property ar a.ny other security for any Secured <br /> �bl�gation. N�ne �f the foregoing actions shall release or reduce the personal 1�abiTity �f any Interested <br /> Party,nor reiease�r impair the priority of the Iien af�his Deed af Trust upon�he Trust Property. <br /> 3.�5 Reconv� ance. Upan Beneficiary's �vritten request, and salely to the extent requ�red by <br /> app�i�ab�e Iaw upon surrender of this Deed of Trust and every note or other ins�rum�nt settir�g forth any <br /> _?_ <br />