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Inst 2012080053
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Inst 2012080053
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Last modified
2/6/2015 10:16:58 AM
Creation date
4/12/2012 12:55:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2012
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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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 lndemnitees 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 lndemnitees 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 /> 1755157.4 10 <br />
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