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<br />Bk Vol pg
<br />05020201 OPR 2726 524
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<br />Holder any and all additional instruments and further assurances and do all other acts and things, as may
<br />be necessary or proper, in Holder's opinion, to effect the intent ofthese presents, more fully evidence and
<br />perfect the Rights and Liens herein created or intended to be created, and protect the Rights of Holder
<br />hereunder; and (1) at any time, and from time to time, upon demand by Holder, pay any and all costs and
<br />expenses of any and all searches reasonably required by Holder in connection with the Accessories, and
<br />pay Holder's charge, to the maximum amount permitted by law, for any statement made by Holder
<br />regarding Holder's security interest in the Accessories.
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<br />2.4 Grantor hereby assumes all liability for the Mortgaged Property, for the Liens created
<br />herein, and for any development, use, possession, maintenance, and management of, and construction on,
<br />the Mortgaged Property, or any part thereof, and agrees to assume liability for, and to indemnify and hold
<br />Holder harmless from and against, any and all claims, causes of action, or liability for injuries to or deaths
<br />of persons and damage to property, howsoever arising from or incident to such development, use
<br />possession, maintenance, management, and construction, whether such persons be agents or employees of
<br />Grantor or of others. GRANTOR AGREES TO INDEMNIFY, SAVE AND HOLD HOLDER
<br />HARMLESS FROM AND AGAINST, AND COVENANTS TO DEFEND HOLDER AGAINST,
<br />ANY AND ALL LOSSES, DAMAGES, CLAIMS, PENALTIES, COSTS, AND ATTORNEYS'
<br />FEES, HOWSOEVER ARISING OR INCURRED BECAUSE OF, INCIDENT TO, OR WITH
<br />RESPECT TO THE MORTGAGED PROPERTY OR ANY DEVELOPMENT, USE,
<br />POSSESSION, MAINTENANCE, OR MANAGEMENT THEREOF OR CONSTRUCTION
<br />THEREON, EXCEPT FOR ANY LOSS, DAMAGE, CLAIM, COST, PENALTY OR
<br />ATTORNEYS' FEES ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL
<br />MISCONDUCT OF HOLDER.
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<br />WITHOUT LIMITATION, THE FOREGOING INDEMNITIES SHALL APPLY WITH
<br />RESPECT TO MATTERS WHICH IN WHOLE OR IN PART ARE CAUSED BY OR ARISE
<br />OUT OF, OR ARE CLAIMED TO BE CAUSED BY OR ARISE OUT OF, THE NEGLIGENCE
<br />(WHETHER SOLE, COMPARATIVE OR CONTRIBUTORY) OR STRICT LIABILITY OF
<br />HOLDER. HOWEVER, SUCH INDEMNITEES SHALL NOT APPLY TO HOLDER TO THE
<br />EXTENT THAT THE SUBJECT OF INDEMNIFICATION IS CAUSED BY OR ARISES OUT
<br />OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HOLDER.
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<br />SECTION 3. DEFAULTS AND REMEDIES.
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<br />3.1 The following occurrences constitute an "Event of Default" for the purposes hereof:
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<br />(a) The occurrence of an "Event of Default" pursuant to, and as defined in, either the Loan
<br />Agreement or the Note; and
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<br />(b) The Mortgaged Property or any part thereof shall be sold or otherwise transferred prior to
<br />maturity (whether accelerated or otherwise) of the Obligation secured hereby without the consent of
<br />Mortgagee (which may be withheld in its sole discretion).
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<br />3.2 Upon an Event of Default (and following any applicable notice and cure period, if any),
<br />Holder may, at its option, do anyone or more of the following:
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<br />(a) If Grantor has failed to keep or perform any covenant whatsoever contained in this
<br />instrument, Holder may, but shall not be obligated to any person or entity to do so, perform or attempt to
<br />perform such covenant; any payment made or expense incurred in the performance or attempted
<br />performance of any such covenant shall be a part of the Obligation; and Grantor promises, upon demand,
<br />to pay to Holder, at the place where the Note is payable, or at such other place as Holder may direct by
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<br />CITY OF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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