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<br />. <br /> <br />. <br /> <br />97277995 <br /> <br />,Security Instrument without charge to Borrower. Borrower shall pay any recordation <br />costs. <br /> <br />18. Modification of First Second Deed of Trust Loan Documents. The <br />Lender consents to any agreement or arrangement in which the Senior Lien Holder <br />waives, postpone, or extend any provisions of the First Deed of Trust Loan <br />Documents, including any provisions requiring the payment of money. <br /> <br />19. Hold Harmless and Indemnification. Borrower shall indemnify and <br />hold the Agency, the City, its officers, employees and agents harmless against any <br />and all losses, claims, demands, penalties and liabilities which the Agency, the City, <br />its officers, employees or agents may sustain or suffer by reason of anything done or <br />omitted in good faith pursuant to or in connection with this Deed of Trust and not <br />assert any claim against the Agency, the City, its officers or agents by reason of any <br />action so taken or omitted. Borrower shall, at its own expense, defend, indemnify, <br />save and hold the Agency, the City, its officers, employees and agents harmless from <br />any and all claims, demands, losses, expenses, damages (general, punitive or <br />otherwise), causes of action (whether legal or equitable in nature) asserted by any <br />person, firm, corporation or other entity arising out of this Deed of Trust and <br />Borrower shall pay the Agency, the City upon demand all claims, judgment, damages, <br />losses or expenses (including reasonable legal expense) incurred by the Agency, the <br />City as a result of any legal action arising out of this Deed of Trust. <br /> <br />20. Attorney 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 <br />reasonable costs and expenses, including reasonable attorney fees, incurred by the <br />prevailing party 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 />nts & Stores, Inc. <br /> <br />Mission Bell Retrofit <br />Deed of Trust <br />July 24, 1997 <br /> <br />Page 10 of II <br />