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2oioc~24ss <br />34. Additional Indebtedness Secured. All persons and entities with any interest in <br />the Premises or about to acquire any such interest should be aware that this Deed of Trust <br />secures more than the stated principal amount of the Note and interest thereon; this Deed of Trust <br />secures any and all other amounts which may become due under the Note or any other document <br />or instrument evidencing, securing or otherwise affecting the indebtedness secured hereby, <br />including, without limitation, any and all amounts expended by Beneficiary to operate, manage <br />or maintain the Premises or to otherwise protect the Premises or the lien of this Deed of Trust, as <br />well as any future advances, and all modifications, extensions, and renewals of the indebtedness <br />described herein. <br />3S. Indemnity. Grantor hereby covenants and agrees that no liability shall be <br />asserted or enforced against Beneficiary in the exercise of the rights and powers granted to <br />Beneficiary in this Deed of Trust, and Grantor hereby expressly waives and releases any such <br />liability. Grantor shall indemnify and save Beneficiary harmless from and against any and all <br />liabilities, obligations, losses, damages, claims, costs and expenses (including attorneys' fees, <br />and court costs) (collectively, "Claims") of whatever kind or nature which may be imposed on, <br />incurred by or asserted against Beneficiary at any time by any third party which relate to or arise <br />from: (a) any suit or proceeding (including probate and bankruptcy proceedings), or the threat <br />thereof, in or to which Beneficiary may or does become a party, either as plaintiff or as a <br />defendant, by reason of this Deed of Trust or for the purpose of protecting the lien of this Deed <br />of Trust; (b) the offer for sale or sale of all or any portion of the Premises; and (c) the ownership, <br />leasing, use, operation or maintenance of the Premises, if such Claims relate to or arise from <br />actions taken prior to the surrender of possession of the Premises to Beneficiary in accordance <br />with the terms of this Deed of Trust; provided, however, that Grantor shall not be obligated to <br />indemnify or hold Beneficiary harmless from and against any Claims directly and solely arising <br />from the gross negligence or willful misconduct of Beneftciary. All costs provided far herein <br />and paid for by Beneficiary shall be so much additional indebtedness secured hereby and shall <br />become immediately due and payable upon demand by Beneficiary and with interest thereon <br />from the date incurred by Beneficiary until paid at the Default Rate. <br />36. Waiver of Rights of Redemption and Reinstatement. Grantor hereby releases <br />and waives, to the fullest extent permitted by law, any and all rights of reinstatement and <br />redemption provided by law. <br />37. Subordination of Pro er Mana er's Lien. Any property management <br />agreement for the Premises entered into hereafter with a property manager shall contain a <br />provision whereby the property manager agrees that any and all mechanics' lien rights that the <br />property manager or anyone claiming by, through or under the property manager may have in the <br />Premises shall be subject and subordinate to the lien of this Deed of Trust and shall provide that <br />Beneficiary may terminate such agreement at any time after the occurrence of an Event of <br />Default hereunder. Such property management agreement or a short form thereof, at <br />Beneficiary's request, shall be recorded with the Office of the Recorder of the county where the <br />Premises are located. In addition, if the property management agreement in existence as of the <br />date hereof does not contain a subordination provision, Grantor shall cause the property manager <br />under such agreement to enter into a subordination of the management agreement with <br />Beneficiary, in recordable farm, whereby such property manager subordinates present and future <br />23 <br />