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20100934� Obligation. TRUSTOR'S bU7Y AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS B�NEFICIARY SMALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND 7HE RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANG� OF tHIS DEED OF TRUS7. (e) Trustor shall immediately advise Beneficiary in writing upan Trustor's discovery of any occurrence or condition on the Real Property, ar on any real property adjoining or in the vicinity of the Real Property, that does or could cause all pr any part of the Real Property to be contaminated with any Hazardous Materials ar otherwise be in violation of any Hazardpus Materials Laws, or cause the Real F'roperty to be subject to any restrictions on the ownership, occupancy, transferability or use thereof under any Hazardous Materials Laws. 4.1 Q Protection of 5ecurity. Trustor shall, at Trustor's sale 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 or esta#e, pay and perform in a timely manner all �bligations to be paid and/or performed by the lessee or tenant under the lease or other agreement creating such leasehold interest or 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 Qeed of Trust against all adverse claims. 7rustor shall give Beneficiary and Trustee prompt notice in wri#ing of the assertion of any claim, the filing of any action or proceeding, or the accurrence 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 �r exists. 4.11 Acceptance of Tr�.�.t;_P._��_�r�.� Duties of Trustee. 7rustee accepts this trust when this Deed of Trust is executed. From time to time, upon written request of 6eneficiary and, to the extent required by applicable law, presentation of this peed of Trust for endarsement, and without affecting the personal liability of any person for payment of any indebtedness or performance of any of the Secured Obligations, Ben�ficiary, 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 af 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 agr��ment subordinating the lien or charge of this Deed pf 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 arders 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 nr praceeding (including, but not limited ta, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held ar cammenced and maintained by Trustee under this Qeed of Trust. Trustee shall not be obligated to perform any act required of it under this beed of Trust unless the performance of the act is requested in writing and Trust�e is reasonably indemnified against all losses, costs, liabilities and expenses in connection therewith. 4.12 ('t5►�pg��,sation� Ex�alnatiqn: 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 af amaunts 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 ta perForm or DeedOfTrust-N� Job 1550608450-1310239189 Loan Vers.1 12103/2010 Page 8 of 19