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202207758
<br />paid or incurred by the Lender in the exercise of any such rights shall be secured hereby and shall be
<br />payable by the Grantor upon demand.
<br />The Grantor shall indemnify and hold the Lender harmless from, for and against any and all actions, causes
<br />of action, claims, liabilities, damages (including foreseeable and unforeseeable consequential damages),
<br />losses, fines, penalties, judgments, awards, settlements, and costs and expenses (including, without
<br />limitation, reasonable attorneys' fees, experts', engineers' and consultants' fees, and costs and expenses of
<br />investigation, testing, remediation and dispute resolution) (collectively referred to as "Environmental
<br />Costs") that directly or indirectly arise out of or relate in any way to: (a) Any investigation, cleanup,
<br />removal, remediation, or restoration work of site conditions of the Premises relating to Hazardous
<br />Substances; (b) Any resulting damages, harm, or injuries to the person or property of any third parties or to
<br />any natural resources involving Hazardous Substances relating to the Premises; (c) Any actual or alleged
<br />past or present disposal, generation, manufacture, presence, processing, production, release, storage,
<br />transportation, treatment, or use of any Hazardous Substance on, under, or about the Premises; (d) Any
<br />actual or alleged past or present violation of any Environmental Law relating to the Premises; (e) Any lien
<br />on any part of the Premises under any Environmental Law; or (f) Breach of any representation or warranty
<br />by or covenant of the Grantor herein. Notwithstanding anything contained herein to the contrary, the
<br />foregoing indemnity shall not apply to (i) matters resulting from the gross negligence or willful misconduct
<br />of the Lender, or (ii) matters resulting solely from the actions of the Lender taken after the Lender has
<br />taken title to, or exclusive possession of the Premises, provided that, in both cases, such matters shall not
<br />arise from or be accumulated with any condition of the Premises, which condition was not caused by the
<br />Lender. The foregoing indemnity is expressly intended to include, and does include, any
<br />Environmental Costs arising as a result of any strict liability imposed or threatened to be imposed on
<br />the Lender in connection with any of the indemnified matters described in this Section or arising as a
<br />result of the negligence of the Lender in connection with such matters. This indemnity shall continue in
<br />full force and effect and shall survive the payment and performance of the Liabilities, the release of record
<br />of the lien, or any foreclosure (or action in lieu thereof), of this Deed of Trust, the exercise by the Lender of
<br />any other remedy under this Deed of Trust or any other document or instrument evidencing or securing the
<br />Liabilities, and any suit, proceeding or judgment against the Grantor by the Lender hereon.
<br />17. Events of Default; Remedies. If any of the Liabilities are not paid at maturity, whether by
<br />acceleration or otherwise, or if a default occurs by anyone under the terms of this Deed of Trust, or any
<br />Related Documents, then the Lender and/or the Trustee may exercise all of the rights, powers and remedies
<br />expressly or impliedly conferred on or reserved to them under this Deed of Trust or any other Related
<br />Document, or now or later existing at law or in equity, including without limitation the following: (i) the
<br />Lender may declare the Liabilities to be immediately due, (ii) the Lender and/or the Trustee may proceed at
<br />law or in equity to collect the Liabilities, sell the Premises by power of sale, foreclose this Deed of Trust as
<br />a mortgage or otherwise pursue any of their rights or remedies available at law, in equity, pursuant to this
<br />Deed of Trust or pursuant to any of the other Related Documents and (iii) the Lender and/or the Trustee
<br />may exercise any of their rights, powers or remedies pursuant to the UCC unless prohibited by applicable
<br />law. The Lender, shall be entitled to the appointment of a receiver for the Premises as a matter of right and
<br />without notice (without regard to the value of the Premises) and the Grantor specifically consents to that
<br />appointment without notice. Without limitation, the receiver shall have the power to protect and preserve
<br />the Premises, operate the Premises prior to and during any foreclosure proceedings, to collect the Rents and
<br />apply the proceeds, over and above the costs of the receivership, to the Liabilities. The receiver shall serve
<br />without bond, if permitted by law.
<br />By executing this Deed of Trust, the Grantor waives, in the event of a sale of the Premises by power of
<br />sale, a foreclosure of this Deed of Trust as a mortgage or the enforcement by the Lender and/or the Trustee
<br />of any other rights and remedies in this Deed of Trust, any right otherwise available in respect to
<br />marshalling of assets which secure the Liabilities or to require the Lender or the Trustee to pursue their
<br />remedies against any other such assets. The Grantor waives all errors and imperfections in any proceedings
<br />instituted by the Lender and/or the Trustee to enforce any of their rights and remedies. The exercise of any
<br />one right or remedy by the Lender and/or the Trustee under this Deed of Trust or any of the other Related
<br />Documents shall not impair or waive the Lender's and/or the Trustee's right to exercise any other rights or
<br />remedies available to either of them at law, in equity, under this Deed of Trust or under any of the other
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