Beneficiary Not Liable. Beneficiary and/or Trustee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, any obligation, duty or liability under any Lease, or under or by reason of this assignment, and Trustor shall and does hereby agree to indemnify and to hold Beneficiary and Trustee harmless from and against any and all liability, loss or damage which Beneficiary or Trustee may or might incur under any Lease or under or by reason of this assignment and from and against any and all claims and demands whatsoever which may be asserted against Beneficiary or Trustee by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any Lease. Should Beneficiary or Trustee incur any such liability, loss or damage under any Lease or under or by reason of this assignment, or in the defense of any such claims or demands, the amount thereof, including all costs, expenses and attorneys' fees, shall be secured hereby and constitute part of the Secured Obligations, and Trustor shall reimburse Beneficiary therefore immediately upon demand, and upon the failure of Trustor to do so, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable.
Beneficiary Not Liable. Beneficiary is acting solely as collateral agent for the Secured Parties (other than the Collateral Agent) and, except as otherwise provided in the Intercreditor Agreement, shall not be liable or responsible for its acts or omissions hereunder, INCLUDING THE NEGLIGENCE AND/OR STRICT LIABILITY OF Beneficiary, nor shall beneficiary be liable or responsible, except as otherwise provided in the Intercreditor Agreement, for any acts or omissions or any Beneficiary’s officers, directors, employees, agents, attorneys, DEED OF TRUST PAGE 25 attorneys-in-fact or affiliates INCLUDING THE NEGLIGENCE AND/OR STRICT LIABILITY OF SUCH PARTIES and Beneficiary shall be entitled to all of the benefits, exculpatory provisions and indemnities contained in the Intercreditor Agreement including but not limited to those contained in Section 8 and 11(m) thereof. Without limiting the generality of the foregoing, as between Grantor and Beneficiary, Beneficiary shall not be deemed to have unreasonably withheld, conditioned or delayed its consent if it has done so in accordance with, or pending receipt of, a written request from the Required Creditors. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DEED OF TRUST PAGE 26 EXECUTED as of August 28, 2006. TXU BIG XXXXX COMPANY LP By: TXU Big Xxxxx Management Company LLC as General Partner By: Name: Xxxxxxx Xxxxxx Title: Treasurer and Assistant Secretary STATE OF TEXAS § § COUNTY OF DALLAS § The foregoing instrument was acknowledged before me this 25th day of August, 2006 by Xxxxxxx Xxxxxx, as Treasurer and Assistant Secretary of TXU Big Xxxxx Management Company LLC, a Delaware limited liability company and general partner of TXU Big Xxxxx Company LP, a Texas limited partnership, on behalf of such limited liability company and limited partnership. Notary Public in and for the State of Texas DEED OF TRUST PAGE 27 EXHIBIT A BEING a 605,426 square foot tract of land located in the Xxxx Nepomoceno Xxxxxx Xxxxx, Abstract No. 1, Freestone County, Texas, and being part of the tract of land described by deed as recorded in Volume 376, Page 649, Freestone County Deed Records, (F.C.D.R.), and being more particularly described as follows: COMMENCING at a US Coast and Geodetic Survey (USC&GS) Benchmark disk set in a concrete post stamped “D 410 1947” as described by the National Geodetic Survey (NGS) PID # BZ0334 data sheet, said point having Texas Xxxxx Xxxxx Xxxxxxx Xxxx 0000 Xxxx Xxxxxxxxxxx of North 10,652,677.5991 and East 3,623,496.3465; THENCE S...
Beneficiary Not Liable. Tenant agrees that no prepayment of rent or additional rent due under the Lease of more than one month in advance, and no amendment, modification, surrender or cancellation of the Lease, and no waiver or consent by Landlord under the terms of the Lease, shall be binding upon or as against Beneficiary, as holder of the Deed of Trust and as Landlord under the Lease if it succeeds to that position, unless consented to in writing by Beneficiary.
Beneficiary Not Liable. Beneficiary shall not be liable for any loss ---------------------- sustained by Trustor resulting from Beneficiary's failure to let the Property or any part thereof or from any other act or omission of Beneficiary in managing the Property, unless such loss is caused by the gross negligence, willful misconduct and bad faith of Beneficiary. Beneficiary shall not be obligated to perform or discharge, nor does Beneficiary undertake to perform or discharge, any obligation, duty or liability under the Tenant Leases or under or by reason of this assignment, and Trustor agrees to indemnify Beneficiary for, and to hold Beneficiary harmless from, any liability, loss or damage that may be incurred under the Tenant Leases or under or by reason of this assignment and from any claims and demands that may be asserted against Beneficiary by reason of any alleged obligations or undertaking to perform or discharge any of the terms, covenants or agreements contained in the Tenant Leases. Should Beneficiary incur any such liability under the claims or demands, the amount thereof, including costs, expenses and reasonable attorneys' fees, shall be reimbursed by Trustor to Beneficiary immediately upon demand, and upon failure of Trustor to make such reimbursement within five days after the date of such demand, the unpaid portion thereof, while still immediately due and payable, shall bear interest at the rate of interest then in effect under the Note.
