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Inst 2007334387
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Inst 2007334387
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Last modified
6/25/2008 3:52:27 PM
Creation date
10/15/2007 3:16:27 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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Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br />Trustee or both of them under Sections 7.l 7 and 8.2, whether or not any lawsuit is filed, or in <br />defending any action or proceeding arising under or relating to this Deed of Trust, including <br />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 Lldemnitees (as defined in Section 7.I0) 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 City Document, (b) any representation <br />by Trustor in any City Document which proves to be false or misleading in any material respect <br />when made, (c) injury or death to persons or damage to property or other loss occurring on the <br />Land or in any improvement located thereon, whether caused by the negligence or any other act <br />nr omission of Trustor or an}~ other person or by negligent, faulty, inadequate or defective <br />design. building, construction or maintenance or any other condition or otherwise, (d) any claim. <br />demand or cause of action, or any action or other proceeding, whether meritorious or not. <br />brought or asserted against anti Indemnitee which relates to or arises out of the Property. or an_y <br />Cit}% Document or any tra~~,actio~~ contemplated thereby, or any failure of Trustor to comply with <br />all applicable stag, federal a~,d local laws and regulations applicable to the Propert)~, pro~rided <br />that no Ind?mnitee shall be entitled to indemnification under this Section for matters caused by <br />such Indemnitee's gross negligence or willful misconduct. The obligations of Trustor under this <br />Section shall survive the repayment of the Loan and shall be secured by this Deed ~zf Trust. <br />Notwithstanding any cort•ary provision contained herein, the obligations of Trustor under this <br />Section shall survive any foreclosure proceeding, any foreclosure sale, any delivery of a deed in <br />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 of the 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 City 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 />95756?-3 1 1 <br />
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