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<br />e <br /> <br />e <br /> <br />91211991 <br /> <br />Instrument without charge to Borrower. Borrower shall pay any recordation costs. <br /> <br />18. Hold Harmless and Indemnification. Borrower shall indemnify and hold <br />the Agency, the City, its officers, employees and agents harmless against any and all <br />losses, claims, demands, penalties and liabilities which the Agency, the City, its officers, <br />employees or agents may sustain or suffer by reason of anything done or omitted in good <br />faith pursuant to or in connection with this Deed of Trust and not assert any claim <br />against the Agency, the City, its officers or agents by reason of any action so taken or <br />omitted. Borrower shall, at its own expense, defend, indemnify, save and hold the <br />Agency, the City, its officers, employees and agents harmless from any and all claims, <br />demands, losses, expenses, damages (general, punitive or otherwise), causes of action <br />(whether legal or equitable in nature) asserted by any person, firm, corporation or other <br />entity arising out of this Deed of Trust and Borrower shall pay the Agency, the City <br />upon demand all claims, judgment, damages, losses or expenses (including reasonable <br />legal expense) incurred by the Agency, the City as a result of any legal action arising out <br />of this Deed of Trust. <br /> <br />19. Attomey fees. In the event of litigation arising from the enforcement of <br />or a default under this Deed of Trust, the non-prevailing party shall pay all reasonable <br />costs and expenses, including reasonable attorney fees, incurred by the prevailing party <br />in such litigation. <br /> <br />BY SIGNING BELOW, the Borrower accepts and agrees to the terms and <br />covenants contained in this Security Instrument. <br /> <br /> <br />& Stores, Inc. <br /> <br />esident <br /> <br />Mission Bell Retrofit <br />Deed of Trust <br />July 24, 1997 <br /> <br />Page 9 of 10 <br />