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03
City of Pleasanton
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CITY CLERK
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2016
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030116
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03
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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all costs, expenses and other advances which may be incurred or made by Beneficiary <br /> or Trustee in any efforts to enforce any terms of this Deed of Trust, including without <br /> limitation any rights or remedies afforded to Beneficiary or Trustee or both of them <br /> under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in defending any <br /> action or proceeding arising under or relating to this Deed of Trust, including reasonable <br /> attorneys' fees and other legal costs, costs of any disposition of the Property under the <br /> power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of <br /> title. <br /> d. Notice of Changes. Trustor shall give Beneficiary prior written notice of <br /> any change in the address of Trustor and the location of any property, including books <br /> and records pertaining to the Property. <br /> 7.13 Indemnification. To the greatest extent permitted by law, Trustor shall <br /> indemnify, defend (with counsel reasonably acceptable to Beneficiary), and hold <br /> harmless the Trustee and the Indemnitees (as defined in Section 7.11) from and against <br /> all Claims arising directly or indirectly in any manner in connection with or as a result of <br /> (a) any breach of Trustor's covenants under any City Document, (b) any representation <br /> by Trustor in any City Document which proves to be false or misleading in any material <br /> respect when made, (c) injury or death to persons or damage to property or other loss <br /> occurring on the Land or in any improvement located thereon, whether caused by the <br /> negligence or any other act or omission of Trustor or any other person or by negligent, <br /> 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 <br /> other proceeding, whether meritorious or not, brought or asserted against any <br /> Indemnitee which relates to or arises out of the Property, or any City Document or any <br /> transaction contemplated thereby, or any failure of Trustor to comply with all applicable <br /> state, federal and local laws and regulations applicable to the Property, provided that no <br /> Indemnitee shall be entitled to indemnification under this Section for matters caused by <br /> such Indemnitee's gross negligence or willful misconduct. The obligations of Trustor <br /> under this Section shall survive the repayment of the Loan and shall be secured by this <br /> Deed of Trust. Notwithstanding any contrary provision contained herein, the obligations <br /> of 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 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 <br /> exercise of or failure to exercise any rights, remedies or powers granted to Beneficiary <br /> in this Deed of Trust; (ii) Beneficiary's failure or refusal to perform or discharge any <br /> obligation or liability of Trustor under any agreement related to the Property or under <br /> this Deed of Trust; (iii) any waste committed by Trustor, the lessees of the Property or <br /> any third parties, or any dangerous or defective condition of the Property (excepting <br /> conditions caused by one or more Indemnitees); or (iv) any loss sustained by Trustor or <br /> any third party resulting from any act or omission of Beneficiary in managing the <br /> Property after an Event of Default, unless the loss is caused by the willful misconduct, <br /> gross negligence, or bad faith of Beneficiary. Trustor hereby expressly waives and <br /> 14 <br /> OAK #4825-3934-8270 vl <br />
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