|
<br />SEP/26/2008/FRI 03: 10 PM HARDING & SCHULTZ
<br />
<br />FAX No. 402 434 3030
<br />
<br />P. 006
<br />
<br />200808234
<br />
<br />date paid by Beneficiarytlu:ough the date repaid to Beneficiary, as the case may be. All such funds
<br />advanced in the reasonable exercise of Beneficiary's judgment that the same ~e needed to protect
<br />the Mortgaged Property, the lien of this Deed of Trust, or the Obligations are to be deemed
<br />obligatory advances hereunder and shall constitute additional indebtedness secured by this Deed of
<br />Trust. The obligations of Trustor under this S eotion shall be part of the Obligations and shall survive
<br />any foreclosme or transfer in lieu of foreclosure of this Deed of Trust and the release of this Deed of
<br />Trust.
<br />
<br />SECTION 4.02. Indemnification. To the fullest extent pennitted by law, Trustor
<br />shall protec~ defend, indemnify and save harmless Beneficiary, and its stockholders, members,
<br />directors, managers, officers, employees, beneficial owners, attm:neys, agents and other
<br />representatives or affiliates of, and partners in, Beneficiary (each an "Indemnified Person ") from and
<br />against any and all liabilities. losses. actions, fines, injunctions, obligations, clai1:ns, damages.
<br />penaltiesJ causes of action, costs and expenses of any kind or nature (including, without limitation,in
<br />respect of or for reasonable attomeys' fees and expenses whether incurred within or outside the
<br />judicial process), imposed upon or inourred by or asserted against any such Indemnified Person
<br />including, without limitation. by reason of (i) this Deed of Trust or the Mortgaged Property or any
<br />interest therein or receipt of any Ronts; (ii) any accident, injury to or death of per SODS or loss of or
<br />damage to property occurring in, on or about the Mortgaged PropertY or any part thereof or on the
<br />adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (Hi) any
<br />failure on the part of Trustor to perfonn or comply with any of the terms of this Deed of Trust;
<br />(jv) any violation or failure to comply with any Legal Requirement by Tmstor or the Premises in any
<br />way; and (v) performance of any labor or services or the furnishing of any matenals or other
<br />property in respect of the Mortgaged Property or any part thereof, provided that any claims arising
<br />out of the willful misconduct or gross negligence of any Indemnified Person Or act of any
<br />Indemnified Person after taking title to the Premises shall be excluded from the foregoing
<br />indemnification of such Indemnified Person. Any amounts payable to Beneficiary by reason of the
<br />application oillis Section 4.02 shall be secured by this Deed of Trust as an Obligation and shall
<br />become immediately due and payable and shall bear interest at the Default Rate from the date loss or
<br />damage is sustained by Eeneficiary until paid. The obligations and liabilities of Trustor under this
<br />. Section 4.02 shall survive any termination, satisfaction, assignment, entry of a judgment of
<br />foreclosure or delivery ofa deed in lieu offoreclosme ofthis Deed of Trust and the ,exercise.ofany
<br />rights or remedies by Beneficiary. .
<br />
<br />SECTION 4.03. Interest. If any Obligation arising hereunder (including, to the
<br />extent permitted under applicable law, any interest obligation) shall not be paid when due, such
<br />Obligation shall bear interest at the Default Rate commencing from the due date through the date
<br />paid. Such interest shall be part of the Obligations and shall be secured by this Deed of Trust.
<br />
<br />SECTION 4.04. Increased Costs~ Change of Taxation. In the event of the enactment
<br />after the date hereof of any applicable law deducting from the value of the Premises for the purpose
<br />of taxation of any lien thereon or changing in any way the applicable tm;,ation of mortgages, deeds of
<br />trust or other liens or obligations secured thereby, or the maImer of collection of such taxes, so as to
<br />affect this Deed of Trust, the Obligations or Beneficiary, upon demand by Beneficiary, to the extent
<br />permitted under applicable law, Trustor shall payor reimburse BeneficiBIYfor all taxes, assessments
<br />or other charges which Beneficiary is obligated to pay as a result thereof; provided, however, iffor
<br />any reason payment by the Trustor of any such new or additional taxes, assessments or other charges
<br />
<br />-12w
<br />
|