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Inst 2007334385
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Inst 2007334385
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Last modified
10/15/2007 3:12:52 PM
Creation date
10/15/2007 3:12:51 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/9/2007
Recorded Document Type
Deed of Trust
Retention
PERM
Document Relationships
Agmt 2007 Estabrook Senior Housing LP etc
(Reference)
Path:
\City Clerk\City Council\Agreements\2007
Inst 2009067181
(Amended by)
Path:
\City Clerk\City Council\Recorded Documents\2009
Inst 2009195594
(Amended by)
Path:
\City Clerk\City Council\Recorded Documents\2009
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reasonable attorneys' fees and other legal costs, costs of any disposition of the Property under the <br />power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br />change in the address of Trustor and the location of any Property, including books and records <br />pertaining to the Property. <br />7.12 Indemnification. Trustor shall indemnify, defend (with counsel reasonably <br />acceptable to Beneficiary), and hold harmless the Indemnitees (as defined in Section 7.10) from <br />and against all Claims arising directly or indirectly in any manner in connection with or as a <br />result of (a) any breach of Trustor's covenants under any Agency Document, (b) any <br />representation by Trustor in any Agency Document which proves to be false or misleading in <br />any material respect when made, (c) injury or death to persons or damage to property or other <br />loss occurring on the Land or in any improvement located thereon, whether caused by the <br />negligence or any other act or omission of Trustor or any other person or by negligent, faulty, <br />inadequate or defective design, building, construction or maintenance or any other condition or <br />otherwise. (d) any claim, demand or cause of action, or any action or other proceeding, whether <br />meritorious or not, brought or asserted against any Indemnitee which relates to or arises out of <br />the Property, or any Agency Document or any transaction contemplated thereby; or any failure of <br />Trustor to comply with all applicable state, federal and local laws and regulations applicable to <br />the Property, provided that no Indemnitee shall be entir_led to indemnification under this Section <br />for matters caused by such Indemnitee's gross negligence or willful misconduct. The u~ligations <br />of Trustor unde-- this Section shall survive the repayment ~f the Loa-~ and shall be secured by this <br />Deed of Trust. Notwithstanding any contrary provision contained herein, the obligations of <br />Trustor under this Section shall survive any foreclosure proceeding, any foreclosure sale, any <br />delivery of a deed in lieu of foreclosure, and any release or reconveyance of this Deed of Trust. <br />7.13. Limitation of Liability. Beneficiary shall not be directly or indirectly liable to <br />Trustor or any other person as a consequence of any of the following: (i) Beneficiary's exercise <br />of or failure to exercise any rights, remedies or powers granted to Beneficiary in this Deed of <br />Trust; (ii) Beneficiary's failure or refusal to perform or discharge any obligation or liability of <br />Trustor under any agreement related to the Property or under this Deed of Trust; (iii) any waste <br />committed by Trustor, the lessees of the Property or any third parties, or any dangerous or <br />defective condition of the Property; or (iv) any loss sustained by Trustor or any third party <br />resulting from any act or omission of Beneficiary in managing the Property after an Event of <br />Default, unless the loss is caused by the willful misconduct, gross negligence, or bad faith of <br />Beneficiary. Trustor hereby expressly waives and releases all liability of the types described in <br />this Section 7.13, and agrees that Trustor shall assert no claim related to any ofthe foregoing <br />against Beneficiary. <br />7.14 Insurance and Condemnation Proceeds. Subject to the rights of any senior <br />lienholders, and notwithstanding anything contained in any of the Agency Documents, unless <br />Beneficiary and Trustor otherwise agree in writing, any award of damages in connection with <br />any condemnation for public use of, or injury to the Property or any part thereof shall be applied <br />to restoration or repair of the Property, provided Trustor determines that such restoration or <br />repair is economically feasible and there is no default under any Agency Document that is <br />continuing beyond the expiration of all applicable cure periods. If Trustor determines that such <br />9562 I S-3 ~ ~ <br />
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