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10A Action 2014 0616
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10A Action 2014 0616
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2/8/2018 10:11:00 AM
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6/11/2014 10:55:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Inst 2016145589
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2016
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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9 <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 LoanDocument; (ii) any extensions of <br />time for performance required by any LoanDocument; (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 LoanDocument, (v) <br />the release of Trustor orany other person, by Beneficiary or by operation of law, from <br />performance of any obligation under any LoanDocument; (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 7.11shall 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 LoanDocuments 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 7.11is 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 />Civil Procedure (“Section 736”) for the recovery of damages and for the enforcement of the <br />Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of <br />damages or enforcement of the Environmental Provisions shall not constitute an action within <br />the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money <br />judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b, <br />580d, or 726(b) of the California Code of Civil Procedure. <br />“Hazardous Materials” means any substance, material or waste which is or becomes <br />regulated by any federal, state or local governmental authority, and includes without limitation <br />(i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos <br />and any material containing asbestos; (iii) any substance, material or waste regulated by or listed <br />(directly or by reference) as a “hazardous substance”, “hazardous material”, “hazardous waste”, <br />“toxic waste”, “toxic pollutant”, “toxic substance”, “solid waste” or “pollutant or contaminant”
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