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<br />200600614
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<br />providing of any statement of amounts owing under any Secured Obligation. Beneficiary shall not
<br />directly or indirectly be liable to Trustor or any other person as a consequence of: (i) the exercise
<br />of any rights, remedies or powers granted to Beneficiary in this Deed of Trust; (ii) the failure or
<br />refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under this Deed
<br />of Trust or any Lease or other agreement related to the Subject Property; or (iii) any loss
<br />sustained by Trustor or any third party as a result of Beneficiary's failure to lease the Subject
<br />Property after any Default or from any other act or omission of Beneficiary in managing the
<br />Subject Property after any Default unless such loss is caused by the willful misconduct or gross
<br />negligence of Beneficiary; and no such liability shall be asserted or enforced against Beneficiary,
<br />and all such liability is hereby 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: (i) 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
<br />result of any failure of Trustor to perform Trustor's obligations; or (iv) by reason of any alleged
<br />obligation or undertaking of Beneficiary to perform or discharge any of the representations,
<br />warranties, conditions, covenants or other obligations contained in any other document related to
<br />the Subject Property, including without limitation, the payment of any taxes, assessments, rents or
<br />other lease obligations, liens, encumbrances or other obligations of Trustor under this Deed of
<br />Trust. Trustor's duty to indemnify Trustee and Beneficiary shall survive the payment, discharge or
<br />cancellation of the Secured Obligations and the release or reconveyance, in whole or in part, of
<br />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
<br />highest rate per annum payable under any Secured Obligation. Beneficiary may, at its option, add
<br />any such indebtedness to any Secured Obligation.
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<br />4.13 Substitution of Trustees. 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
<br />the 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
<br />new Trustee.
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<br />4.14 Due on Sale or Encumbrance. Except as permitted by the provisions of any Secured Obligation
<br />or applicable law, if the Subject Property or any interest therein shall be sold, transferred (including
<br />without limitation, where applicable, through sale or transfer of a majority or controlling interest of the
<br />corporate stock, or any general partnership, limited liability company or other similar interests, of
<br />Trustor), mortgaged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation
<br />of law (each of which actions and events is called a "Transfer"), without Beneficiary's prior written
<br />consent, THEN Beneficiary may, at its sole option, declare all Secured Obligations immediately due
<br />and payable in full. Trustor shall notify Beneficiary in writing of each Transfer within ten (10) business
<br />days of the date thereof.
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<br />4.15 Releases. Extensions. Modifications and Additional Security. Without notice to or the consent,
<br />approval or agreement of any persons or entities having any interest at any time in the Subject
<br />Property or in any manner obligated under any Secured Obligation (each, an "Interested Party"),
<br />Beneficiary may, from time to time, release any Interested Party from liability for the payment of any
<br />Secured Obligation, take any action or make any agreement extending the maturity or otherwise
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