Common use of IN CONNECTION WITH Clause in Contracts

IN CONNECTION WITH. ANY ACTION TAKEN BY TRUSTEE AND/OR BENEFICIARY PURSUANT TO THIS DEED OF TRUST, TRUSTEE AND/OR BENEFICIARY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS AND EXPERTS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY GRANTOR RESULTING FROM (i) AN ASSERTION THAT TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY HAS RECEIVED FUNDS FROM THE OPERATIONS OF THE MORTGAGED PROPERTY CLAIMED BY THIRD PERSONS OR (ii) ANY ACT OR OMISSION OF TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY IN ADMINISTERING, MANAGING, OPERATING OR CONTROLLING THE MORTGAGED PROPERTY, INCLUDING IN EITHER CASE SUCH LOSS WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY NOR SHALL TRUSTEE, BENEFICIARY AND/OR ANY INDEMNIFIED PARTY BE OBLIGATED TO PERFORM OR DISCHARGE ANY OBLIGATION, DUTY OR LIABILITY OF GRANTOR. GRANTOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY TRUSTEE, BENEFICIARY AND EACH OF THEIR RESPECTIVE INDEMNIFIED PARTIES FOR, AND TO HOLD THEM HARMLESS FROM, ANY AND ALL LOSSES WHICH MAY OR MIGHT BE INCURRED BY TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY BY REASON OF THIS DEED OF TRUST OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, INCLUDING SUCH LOSSES WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY. SHOULD TRUSTEE, BENEFICIARY AND/OR ANY INDEMNIFIED PARTY MAKE ANY EXPENDITURE ON ACCOUNT OF ANY SUCH LOSSES, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES AND REASONABLE ATTORNEYS’ FEES, SHALL BE A DEMAND OBLIGATION (WHICH OBLIGATION GRANTOR HEREBY EXPRESSLY PROMISES TO PAY) OWING BY GRANTOR TO TRUSTEE AND/OR BENEFICIARY AND SHALL BEAR INTEREST FROM THE DATE EXPENDED UNTIL PAID AT THE HIGHEST RATE ALLOWED BY LAW, SHALL BE A PART OF THE OBLIGATIONS AND SHALL BE SECURED BY THIS DEED OF TRUST. THE LIABILITIES OF GRANTOR AS SET FORTH IN THIS SECTION 8.9 SHALL SURVIVE THE TERMINATION OF THIS DEED OF TRUST.

IN CONNECTION WITH. ANY ACTION TAKEN BY TRUSTEE THE TRUSTEE, THE AGENT AND/OR BENEFICIARY THE LENDERS PURSUANT TO THIS DEED OF TRUSTMORTGAGE, TRUSTEE AND/OR BENEFICIARY THE TRUSTEE, THE AGENT, THE LENDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS AND EXPERTS (COLLECTIVELY THE “"INDEMNIFIED PARTIES”") SHALL NOT BE LIABLE FOR ANY LOSS DAMAGE SUSTAINED BY GRANTOR MORTGAGOR RESULTING FROM (i) AN ASSERTION THAT TRUSTEE, BENEFICIARY OR ANY SUCH INDEMNIFIED PARTY HAS RECEIVED FUNDS FROM THE OPERATIONS PRODUCTION OF THE MORTGAGED PROPERTY HYDROCARBONS CLAIMED BY THIRD PERSONS OR (ii) ANY ACT OR OMISSION OF TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY IN ADMINISTERING, MANAGING, OPERATING OR CONTROLLING THE MORTGAGED PROPERTY, PROPERTY INCLUDING IN EITHER CASE SUCH LOSS DAMAGE WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF AN INDEMNIFIED PARTY, NOR SHALL THE TRUSTEE, BENEFICIARY THE AGENT OR ANY INDEMNIFIED PARTY NOR SHALL TRUSTEE, BENEFICIARY AND/OR ANY INDEMNIFIED PARTY LENDER BE OBLIGATED TO PERFORM OR DISCHARGE ANY OBLIGATION, DUTY OR LIABILITY OF GRANTORMORTGAGOR. GRANTOR MORTGAGOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY TRUSTEE, BENEFICIARY AND EACH OF THEIR RESPECTIVE INDEMNIFIED PARTIES PARTY FOR, AND TO HOLD THEM EACH INDEMNIFIED PARTY HARMLESS FROM, ANY AND ALL LOSSES LIABILITY OR DAMAGE WHICH MAY OR MIGHT BE INCURRED BY TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY BY REASON OF THIS DEED OF TRUST MORTGAGE OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, INCLUDING SUCH LOSSES WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, HEREUNDER UNLESS SUCH LOSS DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY. SHOULD TRUSTEE; PROVIDED, BENEFICIARY AND/HOWEVER, NO INDEMNITY SHALL BE AFFORDED UNDER THIS SECTION 4.16 IN RESPECT OF ANY PROPERTY FOR ANY OCCURRENCE ARISING FROM THE ACTS OR OMISSIONS OF ANY INDEMNIFIED PARTY MAKE ANY EXPENDITURE ON ACCOUNT DURING THE PERIOD AFTER WHICH SUCH PERSON, ITS SUCCESSORS OR ASSIGNS SHALL HAVE OBTAINED POSSESSION OF ANY SUCH LOSSES, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES AND REASONABLE ATTORNEYS’ FEES, SHALL BE A DEMAND OBLIGATION PROPERTY (WHICH OBLIGATION GRANTOR HEREBY EXPRESSLY PROMISES TO PAY) OWING WHETHER BY GRANTOR TO TRUSTEE AND/FORECLOSURE OR BENEFICIARY AND SHALL BEAR INTEREST FROM THE DATE EXPENDED UNTIL PAID AT THE HIGHEST RATE ALLOWED BY LAW, SHALL BE A PART OF THE OBLIGATIONS AND SHALL BE SECURED BY THIS DEED OF TRUST. THE LIABILITIES OF GRANTOR AS SET FORTH IN THIS SECTION 8.9 SHALL SURVIVE THE TERMINATION OF THIS DEED OF TRUST.LIEU

IN CONNECTION WITH. ANY ACTION TAKEN BY THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE PURSUANT TO THIS DEED OF TRUSTMORTGAGE, THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS AND EXPERTS (COLLECTIVELY THE “"INDEMNIFIED PARTIES”") SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY GRANTOR MORTGAGOR RESULTING FROM (i) AN ASSERTION THAT TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY MORTGAGEE HAS RECEIVED FUNDS FROM THE OPERATIONS PRODUCTION OF THE MORTGAGED PROPERTY HYDROCARBONS CLAIMED BY THIRD PERSONS OR (ii) ANY ACT OR OMISSION OF TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY IN ADMINISTERING, MANAGING, OPERATING OR CONTROLLING THE MORTGAGED PROPERTY, PROPERTY INCLUDING IN EITHER CASE SUCH LOSS WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR AND BAD FAITH OF TRUSTEEAN INDEMNIFIED PARTY, BENEFICIARY OR ANY INDEMNIFIED PARTY NOR SHALL TRUSTEE, BENEFICIARY THE TRUSTEE AND/OR ANY INDEMNIFIED PARTY MORTGAGEE BE OBLIGATED TO PERFORM OR DISCHARGE ANY OBLIGATION, DUTY OR LIABILITY OF GRANTORMORTGAGOR. GRANTOR MORTGAGOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY TRUSTEE, BENEFICIARY AND EACH OF THEIR RESPECTIVE INDEMNIFIED PARTIES PARTY FOR, AND TO HOLD THEM EACH INDEMNIFIED PARTY HARMLESS FROM, ANY AND ALL LOSSES LIABILITY, LOSS OR DAMAGE WHICH MAY OR MIGHT BE INCURRED BY TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY BY REASON OF THIS DEED OF TRUST MORTGAGE OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, INCLUDING SUCH LOSSES WHICH MAY RESULT FROM ; SHOULD THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY. SHOULD TRUSTEE, BENEFICIARY TRUSTEE AND/OR ANY INDEMNIFIED PARTY MORTGAGEE MAKE ANY EXPENDITURE ON ACCOUNT OF ANY SUCH LOSSESLIABILITY, LOSS OR DAMAGE, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, INCLUDING COSTS, EXPENSES AND REASONABLE ATTORNEYS’ ' FEES, SHALL BE A DEMAND OBLIGATION (WHICH OBLIGATION GRANTOR MORTGAGOR HEREBY EXPRESSLY PROMISES TO PAY) OWING BY GRANTOR MORTGAGOR TO THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE AND SHALL BEAR INTEREST FROM THE DATE EXPENDED UNTIL PAID AT THE HIGHEST RATE ALLOWED BY LAWPOST-DEFAULT RATE, SHALL BE A PART OF THE OBLIGATIONS INDEBTEDNESS AND SHALL BE SECURED BY THIS DEED MORTGAGE AND ANY OTHER SECURITY INSTRUMENT. MORTGAGOR HEREBY ASSENTS TO, RATIFIES AND CONFIRMS ANY AND ALL ACTIONS OF TRUSTTHE TRUSTEE AND/OR MORTGAGEE WITH RESPECT TO THE MORTGAGED PROPERTY TAKEN UNDER THIS MORTGAGE. THE LIABILITIES OF GRANTOR THE MORTGAGOR AS SET FORTH IN THIS SECTION 8.9 4.16 SHALL SURVIVE THE TERMINATION OF THIS DEED OF TRUSTMORTGAGE.

IN CONNECTION WITH. ANY ACTION TAKEN BY MORTGAGEE OR TRUSTEE AND/OR BENEFICIARY PURSUANT TO THIS DEED OF TRUSTMORTGAGE, TRUSTEE AND/OR BENEFICIARY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS AND EXPERTS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) PARTIES SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY GRANTOR MORTGAGOR RESULTING FROM (i) AN ASSERTION THAT TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY HAS RECEIVED FUNDS FROM THE OPERATIONS OF THE MORTGAGED PROPERTY CLAIMED BY THIRD PERSONS OR (ii) ANY ACT OR OMISSION OF TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY IN ADMINISTERING, MANAGING, OPERATING OR CONTROLLING THE MORTGAGED PROPERTY, INCLUDING IN EITHER CASE SUCH LOSS WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, PROPERTY UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, NEGLIGENCE OR WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEEAN INDEMNIFIED PARTY, BENEFICIARY OR ANY INDEMNIFIED PARTY NOR SHALL TRUSTEE, BENEFICIARY AND/MORTGAGEE OR ANY INDEMNIFIED PARTY TRUSTEE BE OBLIGATED TO PERFORM OR DISCHARGE ANY OBLIGATION, DUTY OR LIABILITY OF GRANTORMORTGAGOR. GRANTOR MORTGAGOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY TRUSTEE, BENEFICIARY AND INDEMNITY EACH OF THEIR RESPECTIVE INDEMNIFIED PARTIES PARTY FOR, AND TO HOLD THEM EACH INDEMNIFIED PARTY HARMLESS FROM, ANY AND ALL LOSSES LIABILITY, LOSS OR DAMAGE WHICH MAY OR MIGHT BE INCURRED BY TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY BY REASON OF THIS DEED OF TRUST MORTGAGE OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, INCLUDING HEREUNDER UNLESS SUCH LOSSES WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW LOSS OR OTHERWISE, UNLESS SUCH LOSS DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE, NEGLIGENCE OF WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY. ; SHOULD TRUSTEE, BENEFICIARY AND/MORTGAGEE OR ANY INDEMNIFIED PARTY TRUSTEE MAKE ANY EXPENDITURE ON ACCOUNT OF ANY SUCH LOSSESLIABILITY, LOSS OR DAMAGE, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, INCLUDING COSTS, EXPENSES AND REASONABLE ATTORNEYS’ ' FEES, SHALL BE A DEMAND OBLIGATION (WHICH OBLIGATION GRANTOR MORTGAGOR HEREBY EXPRESSLY PROMISES TO PAY) OWING BY GRANTOR MORTGAGOR TO MORTGAGEE OR TRUSTEE AND/OR BENEFICIARY AND SHALL BEAR INTEREST FROM THE DATE EXPENDED UNTIL PAID AT THE HIGHEST RATE ALLOWED BY LAWPOST-DEFAULT RATE, SHALL BE A PART OF THE OBLIGATIONS AND SHALL BE SECURED BY THIS DEED OF TRUSTMORTGAGE AND ANY OTHER SECURITY INSTRUMENT. THE LIABILITIES OF GRANTOR THE MORTGAGOR AS SET FORTH IN THIS SECTION 8.9 6.11 SHALL SURVIVE THE TERMINATION OF THIS DEED OF TRUSTMORTGAGE. If any claim for indemnification by any of the Indemnified Parties arises out of a claim by a person other than the Indemnified Parties, Mortgagor shall conduct any proceedings or negotiations in connection therewith which are necessary to defend such Indemnified Party and shall take all such steps and proceedings as Mortgagor in good xxxxx xxxxx necessary to settle or defeat any such claims, and Mortgagor shall employ counsel to contest any such claims; provided, however, that Mortgagor shall reasonably consider the advice of the Indemnified Party as to the defense of such claims, and the Indemnified Party shall have the right to participate, including the right to retain its own counsel at its expense, in such defense (unless the Indemnified Party reasonably determines that a conflict exists between the interests of the Mortgagor and the interests of the Indemnified Party, in which case such independent counsel selected by the Indemnified Party shall be paid for by the Mortgagor). Reasonable counsel and auditor fees, filing fees and court fees of all proceedings, contests or lawsuits with respect to any such claims or asserted liability shall be borne by the Mortgagor and shall be part of the Obligations, except in the case where the Indemnified Party hires independent counsel without a reasonable determination that a conflict exists between the interests of the Mortgagor and the interests of the Indemnified Party, unless such loss or liability is caused by the negligence or willful misconduct of the Indemnified Party. If any such claim is made hereunder and the Mortgagor does not undertake the defense thereof, the Indemnified Party shall be entitled to undertake such litigation and settlement and shall be entitled to indemnity with respect thereto as provided herein.

IN CONNECTION WITH. ANY ACTION TAKEN BY THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE PURSUANT TO THIS DEED OF TRUSTMORTGAGE, THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS AND EXPERTS (COLLECTIVELY THE “"INDEMNIFIED PARTIES”") SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY GRANTOR MORTGAGOR RESULTING FROM (i) AN ASSERTION THAT TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY MORTGAGEE HAS RECEIVED FUNDS FROM THE OPERATIONS PRODUCTION OF THE MORTGAGED PROPERTY HYDROCARBONS CLAIMED BY THIRD PERSONS OR (ii) ANY ACT OR OMISSION OF TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY IN ADMINISTERING, MANAGING, OPERATING OR CONTROLLING THE MORTGAGED PROPERTY, PROPERTY INCLUDING IN EITHER CASE SUCH LOSS WHICH MAY RESULT FROM THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR AND BAD FAITH OF TRUSTEEAN INDEMNIFIED PARTY, BENEFICIARY OR ANY INDEMNIFIED PARTY NOR SHALL TRUSTEE, BENEFICIARY THE TRUSTEE AND/OR ANY INDEMNIFIED PARTY MORTGAGEE BE OBLIGATED TO PERFORM OR DISCHARGE ANY OBLIGATION, DUTY OR LIABILITY OF GRANTORMORTGAGOR. GRANTOR MORTGAGOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY TRUSTEE, BENEFICIARY AND EACH OF THEIR RESPECTIVE INDEMNIFIED PARTIES PARTY FOR, AND TO HOLD THEM EACH INDEMNIFIED PARTY HARMLESS FROM, ANY AND ALL LOSSES LIABILITY, LOSS OR DAMAGE WHICH MAY OR MIGHT BE INCURRED BY TRUSTEE, BENEFICIARY OR ANY INDEMNIFIED PARTY BY REASON OF THIS DEED OF TRUST MORTGAGE OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, INCLUDING SUCH LOSSES WHICH MAY RESULT FROM ; SHOULD THE ORDINARY NEGLIGENCE OF TRUSTEE, BENEFICIARY OR AN INDEMNIFIED PARTY OR WHICH MAY RESULT FROM STRICT LIABILITY, WHETHER UNDER APPLICABLE LAW OR OTHERWISE, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH OF TRUSTEE, BENEFICIARY OR INDEMNIFIED PARTY. SHOULD TRUSTEE, BENEFICIARY TRUSTEE AND/OR ANY INDEMNIFIED PARTY MORTGAGEE MAKE ANY EXPENDITURE ON ACCOUNT OF ANY SUCH LOSSESLIABILITY, LOSS OR DAMAGE, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, INCLUDING COSTS, EXPENSES AND REASONABLE ATTORNEYS’ ' FEES, SHALL BE A DEMAND OBLIGATION (WHICH OBLIGATION GRANTOR MORTGAGOR HEREBY EXPRESSLY PROMISES TO PAY) OWING BY GRANTOR MORTGAGOR TO THE TRUSTEE AND/OR BENEFICIARY MORTGAGEE AND SHALL BEAR INTEREST FROM THE DATE EXPENDED UNTIL PAID AT THE HIGHEST RATE ALLOWED BY LAWPOST-DEFAULT RATE, SHALL BE A PART OF THE OBLIGATIONS INDEBTEDNESS AND SHALL BE SECURED BY THIS DEED MORTGAGE AND ANY OTHER SECURITY INSTRUMENT. XXXXXXXXX XXXXXX ASSENTS TO, XXXXXXXX AND CONFIRMS ANY AND ALL ACTIONS OF TRUSTTHE TRUSTEE AND/OR MORTGAGEE WITH RESPECT TO THE MORTGAGED PROPERTY TAKEN UNDER THIS MORTGAGE. THE LIABILITIES OF GRANTOR THE MORTGAGOR AS SET FORTH IN THIS SECTION 8.9 4.16 SHALL SURVIVE THE TERMINATION OF THIS DEED OF TRUSTMORTGAGE.