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Inst 2013042740
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Inst 2013042740
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2/6/2015 10:16:44 AM
Creation date
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/4/2012
Recorded Document Type
Deed of Trust
Assignment of Rents
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PERM
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Agmt 2008 Cornerstone Community Development Corp
(Reference)
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\City Clerk\City Council\Agreements\2008
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entitled to be indemnified under this Deed of Trust; <br /> b. reimburse Indemnitees for any expenses paid or incurred in connection with any matters <br /> 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-of-pocket <br /> expenses and fees of attorneys and expert witnesses, paid or incurred in connection with the enforcement <br /> by Indemnitees of their rights under this Deed of Trust, or in monitoring and participating in any legal or <br /> administrative proceeding. <br /> Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired by any of the <br /> following: (i) any amendment or modification of any Loan Document; (ii) any extensions of time for <br /> performance required by any Loan Document; (iii) any provision in any of the Loan Documents limiting <br /> Beneficiary's recourse to property securing the Secured Obligations, or limiting the personal liability of <br /> Trustor, or any other party for payment of all or any part of the Secured Obligations; (iv) the accuracy or <br /> inaccuracy of any representation and warranty made by Trustor under this Deed of Trust or by Trustor or <br /> any other party under any Loan Document, (v)the release of Trustor or any other person, by Beneficiary or <br /> by operation of law, from performance of any obligation under any Loan Document; (vi) the release or <br /> substitution in 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 and liabilities <br /> that Trustor may have under applicable law, and each Indemnitee shall be entitled to indemnification under <br /> this Section without regard to whether Beneficiary or that Indemnitee has exercised any rights against the <br /> Property or any other security, pursued any rights against any guarantor or other party, or pursued any <br /> other rights available under the Loan Documents or applicable law. The obligations of Trustor to indemnify <br /> the Indemnitees under this Section shall survive any repayment or discharge of the Secured Obligations, <br /> any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any <br /> release of record of the lien of this Deed of Trust. <br /> Without limiting any of the remedies provided in this Deed of Trust, Trustor acknowledges and <br /> agrees that each of the provisions in this Section 7.11 is an environmental provision (as defined in Section <br /> 736(0(2) of the California Code of Civil Procedure) made by Trustor relating to real property security(the <br /> "Environmental Provisions"), and that Trustor's failure to comply with any of the Environmental Provisions <br /> will be a breach of contract that will entitle Beneficiary to pursue the remedies provided by Section 736 of <br /> the California Code of Civil Procedure ("Section 736")for the recovery of damages and for the enforcement <br /> of the Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of damages or <br /> enforcement of the Environmental Provisions shall not constitute an action within the meaning of Section <br /> 726(a)of the California Code of Civil Procedure or constitute a money judgment for a deficiency or a <br /> deficiency judgment within the meaning of Sections 580a, 580b, 580d, or 726(b)of the California Code of <br /> Civil Procedure. <br /> "Hazardous Materials" means any substance, material or waste which is or becomes regulated by <br /> any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas <br /> or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; <br /> (iii) any substance, material or waste regulated by or listed (directly or by reference) as a"hazardous <br /> substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", <br /> 2002455.2 9 <br />
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