OF LENDERS, AS APPLICABLE) PURSUANT TO THIS DEED OF TRUST.
(O)
FEES AND EXPENSES.
WITHOUT LIMITATION OF ANY OTHER PROVISION OF THIS
DEED OF TRUST OR OF ANY OTHER LOAN DOCUMENT AND TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, BORROWERS WILL PAY, AND WILL REIMBURSE TO HOLDER (FOR ITS OWN
ACCOUNT OR THE ACCOUNT OF LENDERS, AS APPLICABLE) AND/OR TRUSTEE ON DEMAND TO
THE EXTENT PAID BY HOLDER, LENDERS AND/OR TRUSTEE:
(I) COSTS OF APPRAISALS
OBTAINED IN CONNECTION WITH THE ORIGINATION OF THE LOAN AND AFTER THE OCCURRENCE
OF A DEFAULT; (II) ALL FILING, REGISTRATION AND RECORDING FEES, RECORDATION,
TRANSFER AND OTHER TAXES, BROKERAGE FEES AND COMMISSIONS, ABSTRACT FEES, TITLE
SEARCH OR EXAMINATION FEES, TITLE POLICY AND ENDORSEMENT PREMIUMS AND FEES,
UNIFORM COMMERCIAL CODE SEARCH FEES, JUDGMENT AND TAX LIEN SEARCH FEES, ESCROW
FEES, ATTORNEYS' FEES, ARCHITECT'S FEES, ENGINEERING FEES, CONSTRUCTION
CONSULTANT FEES, ENVIRONMENTAL INSPECTION FEES, SURVEY FEES, AND ALL OTHER COSTS
AND EXPENSES OF EVERY CHARACTER INCURRED BY BORROWERS OR HOLDER, LENDERS AND/OR
TRUSTEE IN CONNECTION WITH THE PREPARATION OF THE LOAN DOCUMENTS, THE
EVALUATION, CLOSING AND FUNDING OF THE LOAN, AND ANY AND ALL AMENDMENTS AND
SUPPLEMENTS TO THIS DEED OF TRUST OR ANY OTHER LOAN DOCUMENTS OR ANY APPROVAL,
CONSENT, WAIVER, RELEASE OR OTHER MATTER REQUESTED OR REQUIRED HEREUNDER OR
THEREUNDER, OR OTHERWISE ATTRIBUTABLE OR CHARGEABLE TO GRANTOR AS OWNER OF THE
PROPERTY; AND (III) ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES AND
EXPENSES (INCLUDING THE MARKET VALUE OF SERVICES PROVIDED BY IN-HOUSE COUNSEL),
INCURRED OR EXPENDED IN CONNECTION WITH THE EXERCISE OF ANY RIGHT OR REMEDY, OR
THE DEFENSE OF ANY RIGHT OR REMEDY OR THE ENFORCEMENT OF ANY OBLIGATION OF
BORROWERS OR GRANTOR, HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT.
(P)
INDEMNIFICATION.
GRANTOR WILL INDEMNIFY AND HOLD HARMLESS EACH AND
EVERY INDEMNIFIED PARTY FROM AND AGAINST, AND REIMBURSE THEM ON DEMAND FOR, ANY
AND ALL INDEMNIFIED MATTERS.
WITHOUT LIMITATION, THE FOREGOING INDEMNITY SHALL
APPLY TO EACH INDEMNIFIED PARTY WITH RESPECT TO MATTERS WHICH IN WHOLE OR IN
PART ARE CAUSED BY OR ARISE OUT OF THE NEGLIGENCE OF SUCH (AND/OR ANY OTHER)
INDEMNIFIED PARTY.
HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO A PARTICULAR
INDEMNIFIED PARTY TO THE EXTENT THAT THE SUBJECT OF THE INDEMNIFICATION IS
CAUSED BY OR ARISES OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THAT
INDEMNIFIED PARTY.
ANY AMOUNT TO BE PAID UNDER THIS CLAUSE (P) BY GRANTOR TO
ANY INDEMNIFIED PARTY SHALL BE A DEMAND OBLIGATION OWING BY
16
GRANTOR (WHICH GRANTOR HEREBY PROMISES TO PAY) TO SUCH INDEMNIFIED PARTY
PURSUANT TO THIS DEED OF TRUST.
THE INDEMNITY IN THIS CLAUSE (P) SHALL NOT
TERMINATE UPON THE RELEASE, FORECLOSURE OR OTHER TERMINATION OF THIS DEED OF
TRUST BUT WILL SURVIVE THE ENFORCEMENT OF ANY REMEDY PROVIDED IN ANY LOAN
DOCUMENT INCLUDING THE FORECLOSURE OF THIS DEED OF TRUST OR CONVEYANCE IN LIEU
OF FORECLOSURE, THE REPAYMENT OF THE SECURED INDEBTEDNESS, THE DISCHARGE AND
RELEASE OF THIS DEED OF TRUST AND THE OTHER LOAN DOCUMENTS, ANY BANKRUPTCY OR
OTHER