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09B
City of Pleasanton
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CITY CLERK
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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Property, the security of this Deed of Trust and the rights and powers of Beneficiary and <br />Trustee created under it, against all adverse claims. <br />c. Compensation; Reimbursement of Costs. Trustor agrees to pay all <br />reasonable fees, costs and expenses charged by Beneficiary or Trustee for any service <br />that Beneficiary or Trustee may render in connection with this Deed of Trust, including <br />without limitation, fees and expenses related to provision of a statement of obligations <br />or related to a reconveyance. Trustor further agrees to pay or reimburse Beneficiary for <br />all costs, expenses and other advances which may be incurred or made by Beneficiary <br />or Trustee in any efforts to enforce any terms of this Deed of Trust, including without <br />limitation any rights or remedies afforded to Beneficiary or Trustee or both of them <br />under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in defending any <br />action or proceeding arising under or relating to this Deed of Trust, including reasonable <br />attorneys' fees and other legal costs, costs of any disposition of the Property under the <br />power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of <br />title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of <br />any change in the address of Trustor and the location of any property, including books <br />and records pertaining to the Property. <br />7.13 Indemnification. To the greatest extent permitted by law, Trustor shall <br />indemnify, defend (with counsel reasonably acceptable to Beneficiary), and hold <br />harmless the Trustee and the Indemnitees (as defined in Section 7.11) from and against <br />all Claims arising directly or indirectly in any manner in connection with or as a result of <br />(a) any breach of Trustor's covenants under any City Document, (b) any representation <br />by Trustor in any City Document which proves to be false or misleading in any material <br />respect when made, (c) injury or death to persons or damage to property or other loss <br />occurring on the Land or in any improvement located thereon, whether caused by the <br />negligence or any other act or omission of Trustor or any other person or by negligent, <br />faulty, inadequate or defective design, building, construction or maintenance or any <br />other condition or otherwise, (d) any claim, demand or cause of action, or any action or <br />other proceeding, whether meritorious or not, brought or asserted against any <br />Indemnitee which relates to or arises out of the Property, or any City Document or any <br />transaction contemplated thereby, or any failure of Trustor to comply with all applicable <br />state, federal and local laws and regulations applicable to the Property, provided that no <br />Indemnitee shall be entitled to indemnification under this Section for matters caused by <br />such Indemnitee's gross negligence or willful misconduct. The obligations of Trustor <br />under this Section shall survive the repayment of the Loan and shall be secured by this <br />Deed of Trust. Notwithstanding any contrary provision contained herein, the obligations <br />of Trustor under this Section shall survive any foreclosure proceeding, any foreclosure <br />sale, any delivery of a deed in lieu of foreclosure, and any release or reconveyance of <br />this Deed of Trust. <br />7.14. Limitation of Liability. Beneficiary shall not be directly or indirectly liable to <br />Trustor or any other person as a consequence of any of the following: (i) Beneficiary's <br />exercise of or failure to exercise any rights, remedies or powers granted to Beneficiary <br />13 <br />OAK #4818-1017-3530 v2 <br />
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