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Leasehold Deed of Trust; and <br />(iii) reimburse Indemnitees for any and all expenses, including without limitation <br />out-of-pocket expenses and fees of attorneys and expert witnesses, paid or incurred in <br />connection with the enforcement by Indemnitees of their rights under this Leasehold <br />Deed of Trust, or in monitoring and participating in any legal or administrative <br />proceeding. <br />Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired <br />by any of the following, or by any failure of Trustor to receive notice of or consideration <br />for any of the following: (i) any amendment or modification of any Loan Document; (ii) <br />any extensions of time for performance required by any Loan Document; (iii) any <br />provision in any of the Loan Documents limiting Beneficiary's recourse to property <br />securing the Secured Obligations, or limiting the personal liability of Trustor, or any <br />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 Leasehold <br />Deed of Trust or by Trustor or any other party under any Loan Document, (v) the <br />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 <br />in whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's <br />failure to properly perfect any lien or security interest given as security for the Secured <br />Obligations. <br />The provisions of this Section 7.11 shall be in addition to any and all other <br />obligations and liabilities that Trustor may have under applicable law, and each <br />Indemnitee shall be entitled to indemnification under this Section without regard to <br />whether Beneficiary or that Indemnitee has exercised any rights against the Property or <br />any other security, pursued any rights against any guarantor or other party, or pursued <br />any other rights available under the Loan Documents or applicable law. The obligations <br />of Trustor to indemnify the Indemnitees under this Section shall survive any repayment <br />or discharge of the Secured Obligations, any foreclosure proceeding, any foreclosure <br />sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien <br />of this Leasehold Deed of Trust. <br />Without limiting any of the remedies provided in this Leasehold Deed of Trust, <br />Trustor acknowledges and agrees that each of the provisions in this Section 7.11 is an <br />environmental provision (as defined in Section 736(f)(2) of the California Code of Civil <br />Procedure) made by Trustor relating to real property security (the "Environmental <br />Provisions"), and that Trustor's failure to comply with any of the Environmental <br />Provisions will be a breach of contract that will entitle Beneficiary to pursue the <br />remedies provided by Section 736 of the California Code of Civil Procedure ("Section <br />736") for the recovery of damages and for the enforcement of the Environmental <br />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 <br />meaning of Section 726(a) of the California Code of Civil Procedure or constitute a <br />money judgment for a deficiency or a deficiency judgment within the meaning of <br />Sections 580a, 580b, 580d, or 726(b) of the California Code of Civil Procedure. <br />E <br />