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86101845
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Last modified
10/18/2011 9:24:00 AM
Creation date
3/31/2008 2:17:47 PM
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DEEDS
Inst Number
86101845
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"- 101815 <br />e <br />does hereby agree to indemnify against and hold the <br />Trustees, the Agent and the Lenders harmless of and from: <br />losses or damages which the <br />any and all liabilities, <br />Trustees, the Agent or the Lenders may incur or pay under or <br />with respect to any of the Collateral or under or by reason <br />of their exercise of rights hereunder; and any and all <br />claims and demands whatsoever which may be asserted against <br />it by reason of any alleged obligations or undertakings on <br />their part to perform or discharge any of the terms, <br />covenants or agreements contained in any of the Collateral <br />or in any of the contracts, documents or instruments <br />evidencing or creating any of the Collateral. Neither the <br />Trustees, the Agent or the Lenders shall have responsibility <br />for the control, care, management or repair of the Premises <br />or be responsible or liable for any negligence in the <br />management, operation, upkeep, repair or control of the <br />Premises resulting in loss, injury or death to any tenant, <br />licensee, employee, stranger or other person. No liability <br />shall be enforced or asserted against the Trustees, the <br />Agent and the Lenders in their exercise of the powers herein <br />granted to them, and the Mortgagor expressly waives and <br />releases any such liability. Should the Trustees, the Agent <br />or the Lenders incur any such liability, loss or damage <br />under any of the Leases or under or by reason hereof, or in <br />the defense of any claims or demands, the Mortgagor agrees <br />to reimburse the them immediately upon demand for the full <br />amount thereof, including costs, expenses and attorneys' <br />fees. <br />III. G E N E R A L <br />3.1 Permitted Acts. The Mortgagor agrees that, <br />without of ecting or iminishing in any way the liability of <br />the Mortgagor or any other person (except any person <br />expressly released in writing by the Trustees, the Agent or <br />the Lenders) for the payment or performance of any of the <br />Liabilities or for the performance of any obligation <br />contained herein or affecting the lien hereof upon the <br />Collateral or any part thereof, the Trustees, the Agent or <br />the Lenders may at any time and from time to time, without <br />notice to or the consent of any person, do any or all of the <br />following: release any person liable for the payment or <br />performance of any of the Liabilities; extend the time for, <br />or agree to alter the terms of payment of, any indebtedness <br />under the Notes, the Surco Note or any of the Liabilities <br />(including the Guaranteed Obligations and the Guaranteed <br />Obligations (Hanks)); modify or waive any obligation; <br />subordinate, modify or otherwise deal with the lien hereof; <br />accept additional security of any kind; release any <br />Collateral or other property securing any or all of the <br />-30- <br />
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