HEREOF ANY PROPERTY INTENDED TO BE
COVERED HEREBY (INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, ANY RENEWALS,
ADDITIONS, SUBSTITUTIONS, REPLACEMENTS, OR APPURTENANCES TO THE PROPERTY) OR AS
DEEMED ADVISABLE BY HOLDER TO PROTECT THE LIEN OR THE SECURITY INTEREST
HEREUNDER AGAINST THE RIGHTS OR INTERESTS OF THIRD PERSONS; AND (III) PROVIDE
SUCH CERTIFICATES, DOCUMENTS, REPORTS, INFORMATION, AFFIDAVITS AND OTHER
INSTRUMENTS AND DO SUCH FURTHER ACTS AS MAY BE NECESSARY, DESIRABLE OR PROPER IN
THE REASONABLE DETERMINATION OF HOLDER TO ENABLE HOLDER AND LENDERS TO COMPLY
WITH THE REQUIREMENTS OR REQUESTS OF ANY AGENCY HAVING JURISDICTION OVER HOLDER
OR ANY LENDER OR ANY EXAMINERS OF SUCH AGENCIES WITH RESPECT TO THE INDEBTEDNESS
SECURED HEREBY, GRANTOR OR THE PROPERTY.
GRANTOR SHALL PAY ALL COSTS CONNECTED
WITH ANY OF THE FOREGOING, WHICH SHALL BE A DEMAND OBLIGATION OWING BY GRANTOR
(WHICH GRANTOR HEREBY PROMISES TO PAY) TO HOLDER (FOR ITS OWN ACCOUNT OR THE
ACCOUNT 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.
16
(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)