REMEDIES AND RECOURSES UNDER THIS DEED OF TRUST AND THE
OTHER LOAN DOCUMENTS, AND TO ADVISE AND DEFEND BENEFICIARY AND/OR TRUSTEE WITH
RESPECT TO ANY SUCH ACTIONS AND OTHER MATTERS. GRANTOR SHALL REIMBURSE
BENEFICIARY AND/OR TRUSTEE FOR THEIR RESPECTIVE ATTORNEYS' FEES AND EXPENSES
(INCLUDING EXPENSES AND COSTS FOR EXPERTS) IMMEDIATELY UPON RECEIPT OF A WRITTEN
DEMAND THEREFOR, WHETHER ON A MONTHLY OR OTHER TIME INTERVAL, AND WHETHER OR NOT
AN ACTION IS ACTUALLY COMMENCED OR CONCLUDED. ALL OTHER REIMBURSEMENT AND
INDEMNITY OBLIGATIONS HEREUNDER SHALL BECOME DUE AND PAYABLE WHEN ACTUALLY
INCURRED BY BENEFICIARY AND/OR TRUSTEE.
8.3
WAIVER OF SUBROGATION. GRANTOR HEREBY WAIVES ANY AND ALL RIGHT TO
CLAIM, RECOVER, OR SUBROGATION THAT ARISES OR MAY ARISE IN ITS FAVOR AND AGAINST
BENEFICIARY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, OR
REPRESENTATIVES HERETO FOR ANY AND ALL LOSS OF, OR DAMAGE TO, GRANTOR, THE
MORTGAGED PROPERTY, GRANTOR'S PROPERTY, OR THE PROPERTY OF OTHERS UNDER
GRANTOR'S CONTROL FROM ANY CAUSE INSURED AGAINST OR REQUIRED TO BE INSURED
AGAINST BY THE PROVISIONS OF THE LOAN DOCUMENTS. SAID WAIVER SHALL BE IN
ADDITION TO, AND NOT IN LIMITATION OR DEROGATION OF, ANY OTHER WAIVER OR RELEASE
CONTAINED IN THIS DEED OF TRUST WITH RESPECT TO ANY LOSS OR DAMAGE TO PROPERTY
OF THE PARTIES HERETO. INASMUCH AS THE ABOVE WAIVERS PRECLUDE THE ASSIGNMENT OF
ANY AFORESAID CLAIM BY WAY OF SUBROGATION (OR OTHERWISE) TO AN INSURANCE COMPANY
(OR ANY OTHER PERSON), GRANTOR HEREBY AGREES TO IMMEDIATELY GIVE TO EACH
INSURANCE COMPANY WHICH HAS ISSUED TO IT ANY SUCH INSURANCE POLICY WHETHER OR
NOT IT IS REQUIRED TO BE INSURED AGAINST BY THE PROVISIONS OF THE LOAN DOCUMENTS
WRITTEN NOTICE OF THE TERMS OF SAID WAIVERS, AND TO HAVE SAID INSURANCE POLICIES
PROPERLY ENDORSED, IF NECESSARY, TO PREVENT THE INVALIDATION OF SAID INSURANCE
COVERAGE BY REASON OF SAID WAIVER.
8.4
WAIVER OF SETOFF. THE INDEBTEDNESS, OR ANY PART THEREOF, SHALL BE
PAID BY GRANTOR WITHOUT NOTICE, DEMAND, COUNTERCLAIM, SETOFF, DEDUCTION, OR
DEFENSE AND WITHOUT ABATEMENT, SUSPENSION, DEFERMENT, DIMINUTION, OR REDUCTION
BY REASON OF:
(I) ANY DAMAGE TO, DESTRUCTION OF, OR ANY CONDEMNATION OR SIMILAR
TAKING OF THE MORTGAGED PROPERTY; (II) ANY RESTRICTION OR PREVENTION OF OR
INTERFERENCE WITH ANY USE OF THE MORTGAGED PROPERTY; (III) ANY TITLE DEFECT OR
ENCUMBRANCE OR ANY EVICTION FROM THE MORTGAGED PROPERTY BY SUPERIOR TITLE OR
OTHERWISE; (IV) ANY BANKRUPTCY, INSOLVENCY, REORGANIZATION, COMPOSITION,
ADJUSTMENT, DISSOLUTION, LIQUIDATION, OR OTHER LIKE PROCEEDING RELATING TO
TRUSTEE, BENEFICIARY, OR GRANTOR, OR ANY ACTION TAKEN WITH RESPECT TO THIS DEED
OF TRUST BY ANY TRUSTEE OR RECEIVER OF BENEFICIARY OR GRANTOR, OR BY ANY COURT,
IN ANY SUCH PROCEEDING; (V) ANY CLAIM WHICH GRANTOR HAS OR MIGHT HAVE AGAINST
TRUSTEE OR BENEFICIARY; (VI) ANY DEFAULT OR FAILURE ON THE PART OF BENEFICIARY
TO PERFORM OR COMPLY WITH ANY OF THE TERMS HEREOF OR OF ANY OTHER AGREEMENT WITH
GRANTOR; OR (VII) ANY OTHER OCCURRENCE WHATSOEVER, WHETHER SIMILAR OR DISSIMILAR
TO THE FOREGOING, WHETHER OR NOT GRANTOR SHALL HAVE NOTICE OR KNOWLEDGE OF ANY
OF THE