Laserfiche WebLink
any other person or by negligent, faulty, inadequate or defective design, building, <br />construction or maintenance or any other condition or otherwise, (d) any claim, demand <br />or cause of action, or any action or other proceeding, whether meritorious or not, <br />brought or asserted against any Indemnitee which relates to or arises out of the <br />Property, or any Loan Document or any transaction contemplated thereby, or any failure <br />of Trustor to comply with all applicable state, federal and local laws and regulations <br />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 <br />negligence or willful misconduct. The obligations of Trustor under this Section shall <br />survive the repayment of the Loan and shall be secured by this Leasehold Deed of <br />Trust. Notwithstanding any contrary provision contained herein, the obligations of <br />Trustor under this Section shall survive any foreclosure proceeding, any foreclosure <br />sale, any delivery of a deed in lieu of foreclosure, and any release or reconveyance of <br />this Leasehold Deed of Trust. <br />(b) 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 <br />exercise of or failure to exercise any rights, remedies or powers granted to Beneficiary <br />in this Leasehold Deed of Trust; (ii) Beneficiary's failure or refusal to perform or <br />discharge any obligation or liability of Trustor under any agreement related to the <br />Property or under this Leasehold Deed of Trust; (iii) any waste committed by lessees of <br />the Property or any third parties, or any dangerous or defective condition of the <br />Property; or (iv) any loss sustained by Trustor or any third party resulting from any act or <br />omission of Beneficiary in managing the Property after an Event of Default, unless the <br />loss is caused by the willful misconduct, gross negligence, or bad faith of Beneficiary. <br />Trustor hereby expressly waives and releases all liability of the types described in this <br />Section 7.13(b), and agrees that Trustor shall assert no claim related to any of the <br />foregoing against Beneficiary. <br />7.14 Insurance and Condemnation Proceeds. Any award of damages in <br />connection with any condemnation for public use of, or injury to the Property or any part <br />thereof is hereby assigned and shall be paid to Beneficiary who may apply such <br />moneys to any indebtedness secured hereby in such order as Beneficiary may <br />determine, or at the option of Beneficiary the entire amount so collected or any part <br />thereof may be released to Trustor. Such application or release shall not cure or waive <br />any default or notice of default hereunder or invalidate any act done pursuant to such <br />notice. <br />7.15 Release, Extension, Modification. At any time and from time to time, <br />without liability therefor and without notice, upon written request of Beneficiary and <br />presentation of this Leasehold Deed of Trust and the Note for endorsement, Trustee <br />may release or reconvey all or any part of the Property, consent to the making of any <br />map or plat of the Land or part thereof, join in granting any easement or creating any <br />restriction affecting the Property, or join in any extension agreement or other agreement <br />affecting the lien or charge hereof. At any time and from time to time, without liability <br />therefor and without notice, Beneficiary may (i) release any person liable for payment of <br />any Secured Obligation, (ii) extend the time for payment or otherwise alter the terms of <br />11 <br />