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Inst 2011023352
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Inst 2011023352
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Last modified
2/6/2015 10:17:38 AM
Creation date
3/10/2011 1:17:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/28/2010
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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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) Notice 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 /> 1177360 -2 10 <br />
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