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200508354
<br />expressly waived and released by Trustor.
<br />b) Trustor shall indemnify Trustee and Beneficiary against, and hold them harmless from, any and all
<br />losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and
<br />other legal expenses, costs of evidence of title, costs of evidence of value, and other expenses
<br />which either may suffer or incur: (1) by reason of this Deed of Trust; (ii) by reason of the execution
<br />of this trust or the performance of any act required or permitted hereunder or by law; (iii) as a result
<br />of any failure of Trustor to perform Trustor's obligations; or (iv) by reason of any alleged obligation
<br />or undertaking of Beneficiary to perform or discharge any of the representations, warranties,
<br />conditions, covenants or other obligations contained in any other document related to the Subject
<br />Property, including without limitation, the payment of any taxes, assessments, rents or other lease
<br />obligations, liens, encumbrances or other obligations of Trustor under this Deed of Trust. Trustor's
<br />duty to indemnify Trustee and Beneficiary shall survive the payment, discharge or cancellation of
<br />the Secured Obligations and the release or reconveyance, in whole or in part, of this Deed of Trust.
<br />c) Trustor shall pay all indebtedness arising under this Section immediately upon demand by Trustee
<br />or Beneficiary, together with interest thereon from the date such indebtedness arises at the highest
<br />rate per annum payable under any Secured Obligation. Beneficiary may, at its option, add any
<br />such indebtedness to any Secured Obligation.
<br />4.13 Substitution of Irustees. From time to time, by a writing signed and acknowledged by Beneficiary
<br />and recorded in each Office in which this Deed of Trust is recorded, Beneficiary may appoint another
<br />trustee to act in the place and stead of Trustee or any successor. Such writing shall set forth the
<br />recordation date and any recording or other information required by law. The recordation of such
<br />instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as the
<br />trustee hereunder with the same effect as if originally named Trustee herein. A writing recorded
<br />pursuant to the provisions of this Section shall be conclusive proof of the proper substitution of such new
<br />Trustee.
<br />4.14 Due on Sale or Encumbrance. Except as permitted by the provisions of any Secured Obligation or
<br />applicable law, if the Subject Property or any interest therein shall be sold, transferred (including without
<br />limitation, where applicable, through sale or transfer of a majority or controlling interest of the corporate
<br />stock, or any general partnership, limited liability company or other similar interests, of Trustor),
<br />mortgaged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law
<br />(each of which actions and events is called a "Transfer "), without Beneficiary's prior written consent,
<br />THEN Beneficiary may, at its sole option, declare all Secured Obligations immediately due and payable
<br />in full. Trustor shall notify Beneficiary in writing of each Transfer within ten (10) business days of the
<br />date thereof.
<br />4.15 Releases. Extensions. Modifications and Additional SerU[iiy. Without notice to or the consent,
<br />approval or agreement of any persons or entities having any interest at any time in the Subject Property
<br />or in any manner obligated under any Secured Obligation (each, an "Interested Party "), Beneficiary may,
<br />from time to time, release any Interested Party from liability for the payment of any Secured Obligation,
<br />take any action or make any agreement extending the maturity or otherwise altering the terms or
<br />increasing the amount of any Secured Obligation, accept additional security, and enforce, waive,
<br />subordinate or release all or a portion of the Subject Property or any other security for any Secured
<br />Obligation. None of the foregoing actions shall release or reduce the personal liability of any Interested
<br />Party, nor release or impair the priority of the lien of this Deed of Trust upon the Subject Property.
<br />4.18 Reconveyance, Upon Beneficiary's written request, and solely to the extent required by applicable
<br />law upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured
<br />Obligations to Trustee for cancellation, Trustee shall reconvey, without warranty, the Subject Property, or
<br />that portion thereof then covered hereby, from the lien of this Deed of Trust. The recitals of any matters
<br />or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof.
<br />To the extent permitted by law, the reconveyance may describe the grantee as "the person or persons
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