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Inst 2014298536
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Inst 2014298536
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2/6/2015 10:08:55 AM
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2/6/2015 10:07:17 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/1/2014
Recorded Document Type
Deed of Trust
Assignment of Rents
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PERM
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Inst 2014298535
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7.13. Indemnification. Trustor shall indemnify, defend (with counsel reasonably <br /> acceptable to Beneficiary), and hold harmless the Trustee and the Indemnitees (as defined in <br /> Section 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 false or <br /> misleading in any material respect when made, (c) injury or death to persons or damage to <br /> property or other loss occurring on the Land or in any improvement located thereon, whether <br /> caused by the negligence or any other act or omission of Trustor or any other person or by <br /> negligent, faulty, inadequate or defective design,building, construction or maintenance or any <br /> other condition or otherwise, (d) any claim, demand or cause of action, or any action or other <br /> proceeding, whether meritorious or not, brought or asserted against any Indemnitee which relates <br /> to or arises out of the Property, or any Loan Document or any transaction contemplated thereby, <br /> or any failure of Trustor to comply with all applicable state, federal and local laws and <br /> regulations 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 negligence or <br /> willful misconduct. The obligations of Trustor under this Section shall survive the repayment of <br /> the Loan and shall be secured by this Deed of Trust. Notwithstanding any contrary provision <br /> contained herein, the obligations of Trustor under this Section shall survive any foreclosure <br /> proceeding, any foreclosure sale, any delivery of a deed in lieu of foreclosure, and any release or <br /> reconveyance of this Deed of Trust. <br /> 7.14. Limitation of Liability. Beneficiary shall not be directly or indirectly liable to <br /> Trustor or any other person as a consequence of any of the following: (i)Beneficiary's exercise <br /> of or failure to exercise any rights,remedies or powers granted to Beneficiary in this Deed of <br /> Trust; (ii)Beneficiary's failure or refusal to perform or discharge any obligation or liability of <br /> Trustor under any agreement related to the Property or under this Deed of Trust; (iii) any waste <br /> committed by Trustor, the lessees of the Property or any third parties, or any dangerous or <br /> defective condition of the Property(excepting conditions caused by one or more Indemnitees); or <br /> (iv) any loss sustained by Trustor or any third party resulting from any act or omission of <br /> Beneficiary in managing the Property after an Event of Developer Default, unless the loss is <br /> caused by the willful misconduct, gross negligence, or bad faith of Beneficiary. Trustor hereby <br /> expressly waives and releases all liability of the types described in this Section 7.14 and agrees <br /> that Trustor shall assert no claim related to any of the foregoing against Beneficiary. <br /> 7.15. Condemnation Proceeds. Subject to the rights of any senior lienholders, any <br /> award of damages in connection with any condemnation for public use of, or injury to the <br /> Property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply <br /> such moneys to any indebtedness secured hereby in such order as Beneficiary may determine, or <br /> at the option of Beneficiary the entire amount so collected or any part thereof may be released to <br /> Trustor. Such application or release shall not cure or waive any default or notice of default <br /> hereunder or invalidate any act done pursuant to such notice. <br /> 7.16. Release, Extension, Modification. At any time and from time to time, without <br /> liability therefor and without notice, upon written request of Beneficiary and presentation of this <br /> Deed of Trust and the Note for endorsement, Trustee may release or reconvey all or any part of <br /> the Property, consent to the making of any map or plat of the Land or part thereof,join in <br /> granting any easement or creating any restriction affecting the Property, or join in any extension <br /> 144\221\15960792 <br />
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