OR
ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES BY REASON OF (A) OWNERSHIP OF
THIS SECURITY INSTRUMENT, THE ASSIGNMENT, THE PROPERTY OR ANY PART THEREOF OR
ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS; (B) ANY ACCIDENT, INJURY TO OR
DEATH OF ANY PERSON OR LOSS OF OR DAMAGE TO PROPERTY OCCURRING IN, ON OR ABOUT
THE PROPERTY OR ANY PART THEREOF OR ON THE ADJOINING SIDEWALKS, CURBS, PARKING
AREAS, STREETS OR WAYS; (C) ANY USE, NONUSE OR CONDITION IN, ON OR ABOUT, OR
POSSESSION, ALTERATION, REPAIR, OPERATION, MAINTENANCE OR MANAGEMENT OF, THE
PROPERTY OR ANY PART THEREOF OR ON THE ADJOINING SIDEWALKS, CURBS, PARKING
AREAS, STREETS OR WAYS; (D) ANY FAILURE ON THE PART OF BORROWER TO PERFORM OR
COMPLY WITH ANY OF THE TERMS OF THIS SECURITY INSTRUMENT OR THE ASSIGNMENT; (E)
PERFORMANCE OF ANY LABOR OR SERVICES OR THE FURNISHING OF ANY MATERIALS OR OTHER
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PROPERTY IN RESPECT OF THE PROPERTY OR ANY PART THEREOF; (F) ANY CLAIM BY
BROKERS, FINDERS OR SIMILAR PERSONS CLAIMING TO BE ENTITLED TO A COMMISSION IN
CONNECTION WITH ANY LEASE OR OTHER TRANSACTION INVOLVING THE PROPERTY OR ANY
PART THEREOF; (G) ANY IMPOSITION INCLUDING, WITHOUT LIMITATION, ANY IMPOSITION
ATTRIBUTABLE TO THE EXECUTION, DELIVERY, FILING, OR RECORDING OF ANY LOAN
DOCUMENT, LEASE OR MEMORANDUM THEREOF; (H) ANY LIEN OR CLAIM ARISING ON OR
AGAINST THE PROPERTY OR ANY PART THEREOF UNDER ANY LEGAL REQUIREMENT OR ANY
LIABILITY ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES WITH RESPECT THERETO;
(I) ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO ANY TAX OR OTHER
IMPOSITION ON THE MAKING AND/OR RECORDING OF THIS SECURITY INSTRUMENT, THE NOTE
OR ANY OF THE OTHER LOAN DOCUMENTS; (J) A DEFAULT UNDER SECTIONS 2.02(F),
2.02(G), 2.02(K), 2.02(T) OR 2.02(W) HEREOF, (K) THE FAILURE OF ANY PERSON TO
FILE TIMELY WITH THE INTERNAL REVENUE SERVICE AN ACCURATE FORM 1099-B, STATEMENT
FOR RECIPIENTS OF PROCEEDS FROM REAL ESTATE, BROKER AND BARTER EXCHANGE
TRANSACTIONS, WHICH MAY BE REQUIRED IN CONNECTION WITH THE LOAN, OR TO SUPPLY A
COPY THEREOF IN A TIMELY FASHION TO THE RECIPIENT OF THE PROCEEDS OF THE LOAN;
OR (L) THE CLAIMS OF ANY LESSEE OR ANY PERSON ACTING THROUGH OR UNDER ANY LESSEE
OR OTHERWISE ARISING UNDER OR AS A CONSEQUENCE OF ANY LEASE. NOTWITHSTANDING THE
FOREGOING PROVISIONS OF THIS SECTION 12.01 TO THE CONTRARY, BORROWER SHALL HAVE
NO OBLIGATION TO INDEMNIFY THE INDEMNIFIED PARTIES PURSUANT TO THIS SECTION
12.01 FOR LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OF
ACTION, COSTS AND EXPENSES RELATIVE TO THE FOREGOING WHICH RESULT FROM LENDER'S
OR ANY OTHER INDEMNIFIED PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. ANY
AMOUNTS PAYABLE TO LENDER BY REASON OF THE APPLICATION OF THIS SECTION 12.01
SHALL CONSTITUTE A PART OF THE DEBT SECURED BY THIS SECURITY INSTRUMENT AND THE
OTHER LOAN DOCUMENTS AND SHALL BECOME DUE AND PAYABLE FIVE (5) BUSINESS DAYS
AFTER RECEIPT BY BORROWER OF LENDER'S WRITTEN DEMAND THEREFOR AND SHALL BEAR
INTEREST AT THE DEFAULT RATE FROM THE DATE THE LIABILITY, OBLIGATION,