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10B Action 2012 0117
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10B Action 2012 0117
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1/20/2012 5:54:50 PM
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1/10/2012 5:11:24 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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_CC Agenda 2012 0117 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-006
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Path:
\City Clerk\City Council\Resolutions\2012
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associated with bringing the Land into compliance with all applicable Environmental Laws, and <br />all costs associated with claims for damages or injury to persons, property, or natural resources. <br />Without limiting the generality of the foregoing, Trustor shall, at Trustor's own cost and <br />expense, do all of the following: <br />a. pay or satisfy any judgment or decree that may be entered against any Indemnitee <br />or Indemnitees in any legal or administrative proceeding incident to any matters against which <br />Indemnitees are entitled to be indemnified under this Deed of Trust; <br />b. reimburse Indemnitees for any expenses paid or incurred in connection with any <br />matters against which Indemnitees are entitled to be indemnified under this Deed of Trust; and <br />C. reimburse Indemnitees for any and all expenses, including without limitation out - <br />of- pocket expenses and fees of attorneys and expert witnesses, paid or incurred in connection <br />with the enforcement by Indemnitees of their rights under this Deed of Trust, or in monitoring <br />and participating in any legal or administrative proceeding. <br />Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired by any <br />of the following, or by any failure of Trustor to receive notice of or consideration for any of the <br />following: (i) any amendment or modification of any Loan Document; (ii) any extensions of <br />time for performance required by any Loan Document; (iii) any provision in any of the Loan <br />Documents limiting Beneficiary's recourse to property securing the Secured Obligations, or <br />limiting the personal liability of Trustor, or any other party for payment of all or any part of the <br />Secured Obligations; (iv) the accuracy or inaccuracy of any representation and warranty made by <br />Trustor under this Deed of Trust or by Trustor or any other party under any Loan Document, (v) <br />the release of Trustor or any other person, by Beneficiary or by operation of law, from <br />performance of any obligation under any Loan Document; (vi) the release or substitution in <br />whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to <br />properly perfect any lien or security interest given as security for the Secured Obligations. <br />The provisions of this Section 7.11 shall be in addition to any and all other obligations <br />and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled <br />to indemnification under this Section without regard to whether Beneficiary or that Indemnitee <br />has exercised any rights against the Property or any other security, pursued any rights against any <br />guarantor or other party, or pursued any other rights available under the Loan Documents or <br />applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall <br />survive any repayment or discharge of the Secured Obligations, any foreclosure proceeding, any <br />foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the <br />lien of this Deed of Trust. <br />Without limiting any of the remedies provided in this Deed of Trust, Trustor <br />acknowledges and agrees that each of the provisions in this Section 7.11 is an environmental <br />provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by <br />Trustor relating to real property security (the "Environmental Provisions "), and that Trustor's <br />failure to comply with any of the Environmental Provisions will be a breach of contract that will <br />entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of <br />1755157.2 10 <br />
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