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<br /> any other obligation secured by this Deed of Trust.
<br /> IX.10 JL*v Trial Waiver. Borrower hereby waives any right to a jury trial in any
<br /> action related to this Deed of Ttust or to any of the Secured Obligations.
<br /> IX.11 Indemnification. Borrower a�ees to indemnify and hold humless Tnistee
<br /> and Lender from and against any and all losses, liabilities, suits, obligations, fines,damages,
<br /> judgments,penalties,claims,charges,costs and expenses(including attomeys' fees and
<br /> disbursements) which may be imposed on, incurred or paid by,or asseried against Trustee
<br /> and�or Lender by reason or on account of,or in connection with: (a)any willful misconduct
<br /> of Borrower or any default by Bocrower hereunder or under any of the other Loan
<br /> Documents, (U)Trustee's and/or Lender's good faith and commercially reasonable exercise
<br /> of any their rights and remedies or their perfoanance of any of their duties hereunder or
<br /> under any of the other Loan Documents,(c)the construction,reconsWction,or alteration of
<br /> the Property,(d) any negligence of Borrower,or any negligence or willful misconduct of
<br /> any tenant or occupant of the Property,or nny of their respective agents,contractors,
<br /> subcontractors, servants,employees, licensees or invitees, or(e)any accident,injury,death
<br /> or da.mage to any petson or property occurring in,on or about the Property or any street,
<br /> s�dewa�k or passageway adjacent thereto,except for the willful misconduct or the extent
<br /> caused by the negligence of the indetnnified perso�. Any amounts payable to Trustee or
<br /> Lender shall be due and payable on demand,and shall bear interest 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 in full by Borrov.�er. Borrower's obligations under this pazagaph shall not be a£fected
<br /> by the absence or unavailability of insurance covering the sarr�e,or by Lhe failure or refusal
<br /> of any insurance carrier to perform any obligation on its pari under any poI;cy of insurance.
<br /> If any claim, action or proceeding is made or brought against Boaower and/or Lender which
<br /> is subject to the indemnity set forth in this patagraph,Borrower shal]resist or c'efend the
<br /> same by attomeys for Borrower's insurance carrier(if the same is covered by insurance)or
<br /> otherwise by attomeys approved by Lender. Trustee and Lender,in their reasonable
<br /> discretion,may engage their own attomeys to resist or defend,or assist therein, and
<br /> Borrower sha11 pay or,on demand,shall reimburse Trustee and/or Lender for the payment of
<br /> thc rea,onabie fees and disbursements of such attomeys.
<br /> IX.12 Forb,e�.a�_bY i.ender Not a Waivcr. Any forbearance by Lender in
<br /> exercising any right or remedy hereunder,or othenvise afforded by applicable law,shall not
<br /> be a waiver o£or preclude the exercise of any right or remedy, and no waiver by Lender of
<br /> any particulaz default shall constitute a waiver of any other default or of any similar default
<br /> in the future. Without limiting the generality of the foregoing, the acceptance by Lender of
<br /> payment of any sum secured by this Deed of Trust after the due date thereof shall not be a
<br /> waiver uf Lender's right to either require prompt payment when due of all other sums so
<br /> secured or to declaze a default for failure to make prompt payment. The procurement of
<br /> insurar�ce or the payment of taxes or other liens or chazges by Lender shall not be a waiver
<br /> of Lender's right to accelerate the maturity af the indebtedness secured by this Deed of
<br /> Trust,nor shall Lender's receipt of any awazds,proceeds or damages under pazagraphs 2.3
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<br /> 98060 i 0984
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