200800520 - Laserfiche WebLink

Browse

200800520 2oo~91A2 Trustee may take any of the actions permitted hereunder either with or without giving notice to any person. Notwithstanding anything contained herein, Beneficiary shall not be obligated to perform or discharge, and does not hereby undertake to perform or discharge, any obligation, duty or liability of Grantor, whether hereunder, under any of the Third Party Agreements or otherwise. Beneficiary shall not have responsibility for the control, care, management or repair of the Premises (including but not limited to use, storage, manufacture, discharge or transportation of hazardous waste or substances including, without limitation, Hazardous Substances, by Grantor) or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Premises resulting in loss, injury or death to any tenant, licensee, employee, stranger or other Person. No liability shall be enforced or asserted against Beneficiary in its exercise of the powers granted to it under this Deed of Trust, and Grantor expressly waives and releases any such liability. Should Beneficiary incur any such liability, loss or damage under any of the Third Party Agreements or under or by reason hereof, or in the defense of any claims or demands, Grantor agrees to reimburse Beneficiary immediately upon demand for the full amount thereof, including costs, expenses and attorneys' fees. ARTICLE IV GENERAL 4.1 Permitted Acts. Grantor agrees that, without affecting or diminishing in any way the liability of Grantor or any other Person, except any Person expressly released in writing by Beneficiary (with the consent of any pledgee of the Secured Obligations), for the payment or performance of any of the Secured Obligations or for the performance of any obligation contained herein or affecting the lien hereof upon the Collateral or any part thereof, Beneficiary may at any time and from time to time, without notice to or the consent of any Person, release any Person liable for the payment or performance of the Notes or any of the other Secured Obligations or any guaranty given in connection therewith; extend the time for, or agree to alter the terms of payment of, any indebtedness under the Notes or any of the other Secured Obligations or any guaranty given in connection therewith; modify or waive any obligation; subordinate, modify or otherwise deal with the lien hereof; accept additional security of any kind for repayment of the Notes or the other Secured Obligations or any guaranty given in connection therewith; release any Collateral or other property securing any Note or the other Secured Obligations or any guaranty given in connection therewith; make releases of any portion of the Premises; consent to the making of any map or plat of the Premises; the creation of any casements on the Premises or of any covenants restricting the use or occupancy thereof; or exercise or refrain from exercising, or waive, any right Beneficiary may have. 4.2 Legal Expenses. Grantor agrees to indemnify Beneficiary from all loss, damage and expense, including, without limitation, attorneys' fees, incurred in connection with any suit or proceeding in or to which Beneficiary may be made or become a party for the purpose of protecting the lien or priority of this Deed of Trust. 4.3 Security Agreement; Fixture Filing; Future Advances. (a) This Deed of Trust, to the extent that it conveys or otherwise deals with 20 NEWYl \8176568,2