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<br />discharge any obligation or liability of Trustor under this Deed of Trust or any Lease or other agreement
<br />related to the Real Property; or (iii) any lass sustained by Trustar or any third party as a result of
<br />Beneficiary's failure to lease the Real Property after any Default or from any other act or omission of
<br />Beneficiary in managing the Real Property after any Default unless such loss is caused by the willful
<br />misconduct ar gross negligence of Beneficiary; and no such liability shall be asserted or enforced
<br />against Beneficiary, and all such liability is hereby expressly waived and released by Trustor.
<br />(b) Trustor shall indemnify Trustee and Beneficiary against, and hold them harmless from, any and all
<br />losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other
<br />legal expenses, casts of evidence of title, costs of evidence of value, and other expenses which either
<br />may suffer or incur: (i) by reason of this Deed of Trust; (ii) by reason of the execution of this trust or the
<br />performance of any act required or permitted hereunder or by law; (iii) as a result of any failure of
<br />Trustnr to perform Trustor's obligations; or (iv) by reason of any alleged obligation or undertaking of
<br />Beneficiary to perform qr discharge any of the representations, warranties, conditions, covenants or
<br />other abligations contained in any other document related to the Real Properky, including without
<br />limitation, the payment of any taxes, assessmEnts, rents or other lease obligations, liens, encumbrances
<br />or other obligations of Trustor under this Deed of Trust. Trustor's duty to indemnify Trustee and
<br />Beneficiary shall survive the payment, discharge or cancellation of the Secured Obligations and the
<br />release or reconveyance, in whole or in part, af this Deed of Trust.
<br />(c) Trustor shall pay all indebtedness arising under this Sectipn immediately upon demand by Trustee or
<br />B�neficiary, together with interest thereon from the date such indebtedn�ss arises at the highest rate per
<br />annum payable under any Secured Obligation. Beneficiary may, at its aptian, add any such
<br />indebtedness to any Secured Obligation.
<br />4.13 Substitution of 1.��t�. From time to time, by a writing signed and acknowledged by Beneficiary
<br />and recorded in each Office in which this Deed of Trust is recorded, 8eneficiary may appoint another
<br />trustee to act in the place and stead of Trustee or any successor. Such writing shall set forth the
<br />recordation date and any recarding or other information required by law. The recordation of such
<br />instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as the
<br />trustee hereunder with the same effect as if originally named Trustee herein. A writing recarded
<br />pursuant to the provisions nf this 5ection shall be conclusive proof of the proper substitution of such new
<br />Trustee.
<br />4.14 D�� on S�le _�r Encu� mbrance. �xcept as permitted by the provisions of any Secured Obligation or
<br />applicable law, if the Real Property or any interest therein shall be sold, transferred (including without
<br />limitation, where applicable, through sale or transfer of a majority or controlling interest of the cc�rporate
<br />stock, or any general partnership, limited liability company or other similar interests, of Trustor),
<br />mortgaged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation ot law
<br />(each of which actions and events is called a"Transfer"), without Beneficiary's prior written consent,
<br />TWEN Ben�ficiary may, at its sole option, declare all Secured Ohligations immediately due and payable
<br />in full. Trustor shall notify Beneficiary in writing of each Transfer within ten (10) business days of the
<br />date #herevf.
<br />4.15 �1��.��,...�xtensions, Modifications and Additional Securit_v. Without natice to or the consent,
<br />appraval or agreement ot any persons or entities having any interest at any time in the Real Property ar
<br />in any manner obligated under any Secured Obligation (each, an "Interested Party"), Beneficiary may,
<br />from time to time, release any Interested Party from liability for the payment of any Secured Obligation,
<br />take any action ar make any agreement extending the maturity or otherwise altering the terms or
<br />increasing the amount of any Secured Obligation, accept additional security, and enforce, waive,
<br />subordinate or release all or a portion of the Real Property or any other security far any Secured
<br />DeedOffrust-NE Job 155060845�-131D239189 Loan Vers.1 12/03/2010 Page 9 of 19
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