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<br /> any other obligation secured by this Deed of Trust.
<br /> IX.10 TLN Trial W�ver. Borrower hereby waives any right to a jury triai in any
<br /> action related to this Decd of Trust or to any of the Secured Ob]igations.
<br /> IX.11 Indemnification. Borrower agees to indemnify and hold harmless Trustce
<br /> and Lender from and against any and al] losses, liabilities, suits,obligations, fines, damages,
<br /> judgments,penalties,claims,charges, co5ts and expenses(including attomeys' fees and
<br /> disbursements)which may be�mposed on, incurred or paid by,or asserted against Trustee
<br /> and/or Lender by reason or on account of, or in ccnnection with: (a)any willful misconduct
<br /> of Borrower or any default by Bocrower hereunder or under any of the other Loan
<br /> Documents,(b)Trustee's and/or Lender's good faith and commercially reasonable exercise
<br /> of any their rights and remedies or their performance of any of their duties hereunder or
<br /> � under any of the other Loan Documents, (c)the construction,reconstructior.,or alteration of
<br /> I the Property,(d) any negligence of Borrower,or any negligence or willful xnisconduct of
<br /> � any tenant or occupant of the Property,or eny of their tespective agents,contractois,
<br /> j subcontractors, servants, employees,licensees or invitees,or(e)any accident,in}ury,death
<br /> or damage to any person or property occurring in,on or about the Property or any sheet,
<br /> sidewalk or passageway adjactnt thaeto,except for the willful misconduct or the extent
<br /> caused by the negligence of the indemniGed person Any amounts payable to Trustee or
<br /> Lender shall be due and payable on demand,and shall bear interesl from the date of demand
<br /> at the lesser of the default rate under the Note or the maximum rate permitted by law until
<br /> paid ir full f�y Boirower. Borrowe�s obligations under this pazagraph shall not be affec:ed
<br /> by the sbsence or unavailability of insnrance covering the sarr.e,or by the failure or refusal
<br /> of any insurance carrier to perform any obligati�n on its pari under any policy of insurance.
<br /> If any claim, action or proceeding is made or brougtit against Borrower and/or Lender which
<br /> is subject to the indemniiy set forth in this pazagraph,Borrower shall resist or defend the
<br /> same by attomeys for Bonowe�'s insurance carrier(�f the same is covered by insurance) or
<br /> otherwise by aitomeys approved by Lender. Trustee and Lender,in their reasonable
<br /> discrelion,mby engage their own attomeys to resist or defend,or assist therein, and
<br /> Bonower shall pay or,on demand,ahall teimburse Trustee and/or Lender for the payment of
<br /> the reasonable fees and disbursements of such attomeys.
<br /> IX.12 Forbe���++ce by T ender Not a Waiver. Any forbearance by Lender in
<br /> exercising any right or remedy hereunder,or otherwise afT'orded by applicable law, shall not
<br /> be a waiver of or preclude the exercise of any right or remedy, and no waiver by Lender of
<br /> any particular default shall constitute a waiver af any other default or of any similaz default
<br /> in the future. Without limiting the generality of the foregoing,the acceptancc by Lender of
<br /> payment of any sum sccured by this Deed of Trust afier the due date thereof shall not be a
<br /> waiver of Lender's right to either require prompt payment when due of all other sums so
<br /> secuted or to declaze a default for fail�re to make prompt paytnent. The procuremer.t of
<br /> insurance or the payment of taxes or other liens er chazges by Lendet shall not be a waiver
<br /> of Lender's right to accelerate the maturity of Ihe indebtedness secured by this Deed of
<br /> Trust, nor shal l Lender's:eceipt of any awards,proceeds or damages undcr pazagraphs 23
<br /> 24
<br /> 98060 �. 0984
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