LIABILITY, DAMAGE, LOSS, COST, OR EXPENSE (INCLUDING,
ATTORNEYS' FEES AND EXPENSES), ACTION, PROCEEDING, CLAIM OR DISPUTE INCURRED OR
SUFFERED BY THE FOREGOING PARTIES SO INDEMNIFIED WHETHER OR NOT AS THE RESULT OF
THE NEGLIGENCE OF ANY PARTY SO INDEMNIFIED, WHETHER VOLUNTARILY OR INVOLUNTARILY
INCURRED OR SUFFERED, IN RESPECT OF THE FOLLOWING:
ANY AND ALL LOSS, DAMAGE, COSTS, EXPENSE, ACTION, CAUSES OF ACTION, OR LIABILITY
(INCLUDING ATTORNEYS' FEES AND COSTS) DIRECTLY OR INDIRECTLY ARISING FROM OR
ATTRIBUTABLE TO THE USE, GENERATION, MANUFACTURE, PRODUCTION, STORAGE, RELEASE,
THREATENED RELEASE, DISCHARGE, DISPOSAL, OR PRESENCE OF A HAZARDOUS SUBSTANCE
ON, IN, UNDER OR ABOUT THE MORTGAGED PROPERTY, WHETHER KNOWN OR UNKNOWN AT THE
TIME OF THE EXECUTION HEREOF, INCLUDING WITHOUT LIMITATION (A) ALL FORESEEABLE
CONSEQUENTIAL DAMAGES OF ANY SUCH USE, GENERATION, MANUFACTURE,
Deed of Trust - Page 21
PRODUCTION, STORAGE, RELEASE, THREATENED RELEASE, DISCHARGE, DISPOSAL, OR
PRESENCE, AND (B) THE COSTS OF ANY REQUIRED OR NECESSARY ENVIRONMENTAL
INVESTIGATION OR MONITORING, ANY REPAIR, CLEANUP, OR DETOXIFICATION OF THE
MORTGAGED PROPERTY, AND THE PREPARATION AND IMPLEMENTATION OF ANY CLOSURE,
REMEDIAL, OR OTHER REQUIRED PLANS.
BENEFICIARY AND/OR TRUSTEE MAY EMPLOY AN ATTORNEY OR ATTORNEYS TO PROTEST OR
ENFORCE ITS RIGHTS, 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.
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.
WAIVER OF SETOFF. THE