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Trust which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust is declared to be severable. 12. Captions. The captions and headings in this City Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 13. Nonliability for Negligence Loss, or Damage. Borrower acknowledges, understands and agrees that the relationship between Borrower and the City is solely that of an owner and an administrator of a City development impact fee deferment program, and that the City neither undertakes nor assumes any responsibility for or duty to Borrower to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability of the Security or any other matter. The City owes no duty of care to protect Borrower against negligent, faulty, inadequate or defective building or construction or any condition of the Security and Borrower agrees that neither Borrower, or Borrower's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Security and will hold City harmless from any liability, loss or damage for these things. 14. Indemnity. Borrower agrees to defend, indemnify, and hold the City and its officers, employees, agents, board members, and/or council members harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees that the City may incur as a direct or indirect consequence of: (a) Borrower's failure to perform any obligations as and when required by the Promissory Note and this Deed of Trust; or (b) the failure at any time of any of Borrower's representations or warranties to be true and correct. 15. Acceleration; Remedies. (a) Upon Borrower's breach of any covenant or agreement of Borrower in the Promissory Note, or this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the City, prior to acceleration, will mail by certified mail with return receipt requested, notice to Borrower specifying; (i) the breach; (ii) the action required to cure such breach; (iii) a date, not less than thirty (30) days from the date the notice is received by Borrower as shown on the return receipt, by which such breach is to be cured; and (iv) if the breach is curable, that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also inform Borrower of Borrower's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of default or any other defense of Borrower to acceleration and sale. 3