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12 <br />4860-6036-3710v2 <br />property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within three (3) <br />business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall receive <br />timely notice of, and shall have a right to cure, any default under any other financing document <br />or other lien affecting the Property and shall use best efforts to ensure that provisions mandating <br />such notice and allowing such right to cure shall be included in all such documents. Within three <br />(3) business days of Trustor’s receipt thereof, Trustor shall provide Beneficiary with a copy of <br />any notice of default Trustor receives in connection with any financing document secured by the <br />Property or any part thereof. <br />b. Defense of Security. At Trustor’s sole expense, Trustor shall protect, preserve <br />and defend the Property and Trustor’s interest in, and right of possession of, the Property, the <br />security of this Deed of Trust and the rights and powers of Beneficiary and Trustee created under <br />it, against all adverse claims. <br />c. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable <br />fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br />Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br />expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br />further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br />may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br />Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br />Trustee or both of them under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in <br />defending any action or proceeding arising under or relating to this Deed of Trust, including <br />reasonable 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 title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br />change in the address of Trustor and the location of any Property, including books and records <br />pertaining to the Property. <br />7.13 Indemnification. To the greatest extent permitted by law, Trustor shall indemnify, <br />defend (with counsel reasonably acceptable to Beneficiary), and hold harmless the Trustee and <br />the Indemnitees (as defined in Section 7.11) from and against all Claims arising directly or <br />indirectly in any manner in connection with or as a result of (a) any breach of Trustor’s <br />covenants under any City Document, (b) any representation by Trustor in any City Document <br />which proves to be false or misleading in any material respect when made, (c) injury or death to <br />persons or damage to property or other loss occurring on the Land or in any improvement located <br />thereon, 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, or <br />any action or other proceeding, whether meritorious or not, brought or asserted against any <br />Indemnitee which relates to or arises out of the Property, the Project, or any City Document or <br />any 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, except to the extent <br />arising from the gross negligence or willful misconduct of the Indemnitees. The obligations of <br />Trustor 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 of