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Inst 2009198747
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Inst 2009198747
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Last modified
7/17/2009 3:29:09 PM
Creation date
7/17/2009 3:29:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2009
Recorded Document Type
Deed of Trust
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PERM
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RDA Agmt 2009 Scribner Family Partnership Ltd
(Reference)
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\City Clerk\City Council\Agreements\2009
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best efforts to ensure that provisions mandating such notice and allowing such right to <br />cure shall be included in all such documents. Within three business days of Trustor's <br />receipt thereof, Trustor shall provide Beneficiary with a copy of any notice of default <br />Trustor receives in connection with any financing document secured by the Property or <br />any part thereof. <br />(b) Defense of Security. At Trustor's sole expense, Trustor shall protect, <br />preserve and defend the Property and title to and right of possession of the Property, <br />the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee <br />created under it, against all adverse claims. <br />(c) Compensation; Reimbursement of Costs. Trustor agrees to pay all <br />reasonable fees, costs and expenses charged by Beneficiary or Trustee for any service <br />that Beneficiary or Trustee may render in connection with this Deed of Trust, including <br />without limitation, fees and expenses related to provision of a statement of obligations <br />or related to a reconveyance. Trustor further agrees to pay or reimburse Beneficiary for <br />all costs, expenses and other advances which may be incurred or made by Beneficiary <br />or Trustee in any efforts to enforce any terms of this Deed of Trust, including any rights <br />or remedies afforded to Beneficiary or Trustee or both of them under Section 8.2, <br />whether or not any lawsuit is filed, or in defending any action or proceeding arising <br />under or relating to this Deed of Trust, including reasonable attorneys' fees and other <br />legal costs, costs of any disposition of the Property under the power of sale granted <br />hereunder or any judicial foreclosure, and any cost of evidence of title. <br />(d) N_ otice of Changes. Trustor shall give Beneficiary prior written notice of <br />any change in the address of Trustor and the location of any Property, including books <br />and records pertaining to the Property. <br />7.13 Indemnification. <br />(a) Trustor shall indemnify, defend (with counsel reasonably acceptable to <br />Beneficiary), and hold harmless the Trustee and the Indemnitees (as defined in Section <br />7.11) from and against all Claims arising directly or indirectly in any manner in <br />connection with or as a result of (a) any breach of Trustor's covenants under any Loan <br />Document, (b) any representation by Trustor in any Loan Document which proves to be <br />false or misleading in any material respect when made, (c) injury or death to persons or <br />damage to property or other loss occurring on the Land or in any improvement located <br />thereon, whether caused by the negligence or any other act or omission of Trustor or <br />any other person or by negligent, faulty, inadequate or defective design, building, <br />construction or maintenance or any other condition or otherwise, (d) any claim, demand <br />or cause of action, or any action or other proceeding, whether meritorious or not, <br />brought or asserted against any Indemnitee which relates to or arises out of the <br />Property, or any Loan Document or any transaction contemplated thereby, or any failure <br />of Trustor to comply with all applicable state, federal and local laws and regulations <br />applicable to the Property, provided that no Indemnitee shall be entitled to <br />indemnification under this Section for matters caused by such Indemnitee's gross <br />negligence or willful misconduct. The obligations of Trustor under this Section shall <br />11773602 10 <br />
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