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Deed of Trust Simas Trust
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Deed of Trust Simas Trust
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7/9/2024 8:35:34 AM
Creation date
9/22/2020 9:41:22 AM
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CM City Clerk-City Council
Document Date (6)
7/18/2019
Recorded Document Type
Deed of Trust
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, (d), Notice of Changes. Trustor sball give Beneficiary prior written notice of any <br />change in the address of Trustor anp the location of any Property, including books and <br />records pertaining to the Property. <br />7.13 Indemnification. <br />(a) Trustor shall indemnify, defend (with counsel reasonably acceptable to <br />Beneficiary), and hold harmless the Trustee and the lndemnitees (as defined in Section <br />7.11) from and against all Claims arising directly or indirectly in any manner in connection <br />with or as a result of (a) any breach of Trustor's covenants under any Loan Document, (b) <br />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, <br />whether caused by the negligence or any other act or omission of Trustor or any other <br />person or by negligent, faulty, inadequate or defective design, building, construction or <br />maintenance or any other condition or otherwise, (d) any claim, demand or cause of action, <br />or any action or other proceeding, whether meritorious or not, brought or asserted against <br />any lndemnitee which relates to or arises out of the Property, or any Loan Document or any <br />transaction contemplated thereby, or any failure of Truster to comply with all applicable <br />state, federal and local laws and regulations applicable to the Property, provided that no <br />· lndemnitee shall be entitled to indemnification under this Section for matters caused by <br />such lndemnitee's gross negligence or willful misconduct. The obligations of Trustor under <br />this Section shall survive the repayment of the Loan and shall be secured by this Deed of <br />Trust. Notwithstanding any contrary provision contained herein, the obligations of Trustor <br />under this Section shall survive any foreclosure proceeding, any foreclosure sale, any <br />delivery of a deed in lieu of foreclosure, and any release or reconveyance of this Deed of <br />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 in <br />this Deed of Trust; (ii) Beneficiary's failure or refusal to perform or discharge any obligation <br />or liability of Trustor under any agreement related to the Property or under this Deed of <br />Trust; (iii) any waste committed by lessees of the Property or any third parties, or any <br />dangerous or defective condition of the Property; or (iv) any loss sustained by Trustor or <br />any third party resulting from any act or omission of Beneficiary in managing the Property <br />after an Event of Default, unless the loss is caused by the willful misconduct, gross <br />negligence, or bad faith of Beneficiary. Truster hereby expressly waives and releases all <br />liability of the types described in this Section 7.13(b), and agrees that Trustor shall assert <br />no claim, related to any of the 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 moneys to <br />any indebtedness secured hereby in such order as Beneficiary may determine, or at the <br />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. ·
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