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2ooso~sso that does or could cause all or any part of the Real Property to be contaminated with any Hazardous Materials or otherwise be in violation of any Hazardous Materials Laws, or cause the Real Property to be subject to any restrictions on the ownership, occupancy, transferability or use thereof under any Hazardous Materials Laws. 4.10 Protection of Security. Trustor shall, at Trustor's sole expense: (a) protect, preserve and defend the Real Property and Trustor's title and right to possession of the Real Property against all adverse claims; (b) if Trustor's interest in the Real Property is a leasehold interest ar estate, pay and perform in a timely manner all obligations to be paid and/or performed by the lessee or tenant under the lease or other agreement creating such leasehold interest ar estate; and (c) protect, preserve and defend the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee under this Deed of Trust against all adverse claims. Trustor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim, the filing of any action or proceeding, ar the occurrence of any damage, condemnation offer or other action relating to or affecting the Real Property and, if Trustor's interest in the Real Property is a leasehold interest or estate, of any notice of default or demand for performance under the lease or other agreement pursuant to which such leasehold interest or estate was created or exists. 4.11 Acceptance of Trust: Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is executed. From time to time, upon written request of Beneficiary and, to the extent required by applicable law, presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of any indebtedness ar performance of any of the Secured Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefor and without notice: (a) reconvey all or any part of the Real Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Real Property; and (c) join in any grant of easement or declaration of covenants and restrictions with respect to the Real Property, or any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts and the enforcement of its rights and remedies available under this Deed of Trust, and may obtain orders or decrees directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, but not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and expenses in connection therewith. 4.12 Com ensatipn: Excul~atjgn: Indemnification. (a) Trustor shall pay all Trustee's fees and reimburse Trustee for all expenses in the administration of this trust, including reasonable attorneys' fees. Trustor shall pay Beneficiary reasonable compensation for services rendered concerning this Deed of Trust, including without limitation, the providing of any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a consequence of: (i) the exercise of any rights, remedies or powers granted to Beneficiary in this Deed of Trust; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under this Deed of Trust or any Lease or other agreement related to the Real Property; or (iii) any loss sustained by Trustor or any third party as a result of Beneficiary's failure to lease the Real Property after any Default or from any other act or omission of Beneficiary in managing the Real Property after any Default unless such lass is caused by the willful misconduct or gross negligence of Beneficiary; and no such liability shall be asserted or enforced DeedOtTrust-NE Job 17129079A9-1129797$fifi Loan Vers.4 09/16/2009 Page 8 of 19