Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Trustee against all liability and expenses which he may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 4 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Deed of Trust, Security Agreement and Fixture Filing (Maguire Properties Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Grantor shall indemnify Trustee against all liability and expenses which that he may incur in the performance of his duties hereunder, hereunder except those arising from Trustee’s for gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp), Deed of Trust (Day International Group Inc)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his its duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Green Plains Renewable Energy, Inc.), Loan Agreement (United Foods Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Obligor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his its duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Credit Agreement (Gerber Scientific Inc), Credit Agreement (Guilford Mills Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower Xxxxxxx hereby indemnifies Trustee against all liability and expenses which that he may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Second Deed of Trust, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Deed of Trust, Security Agreement and Fixture Filing (Industrial Income Trust Inc.)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. judgment Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Wells Real Estate Investment Trust Inc)
Indemnification of Trustee. Except for to the extent that the same constitutes gross negligence or willful wilful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money amounts received by Trustee shall, until used or applied as herein provided, be held in trusttrust for Beneficiary, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his its duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Trustor shall protect, indemnify and hold harmless Trustee against all liability and reasonable out-of-pocket expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Kilroy Realty, L.P.)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower Trustor hereby indemnifies Trustee against all liability and expenses expenses, which he may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower hereby indemnifies Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his its duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Deed of Trust (Green Plains Renewable Energy, Inc.)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Affiliated Guarantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 1 contract
Samples: Subordinate Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Borrower Grantor hereby indemnifies Trustee against all liability and expenses which he may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement (Hispanic Television Network Inc)
Indemnification of Trustee. Except for gross negligence or and -------------------------- willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Boston Properties Inc)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, shall be held in trust, but need not be segregated (except to the extent required by law), and until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Borrower hereby indemnifies Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which he Trustee may incur in the performance of his duties hereunder, except those arising from Trustee’s gross negligence or willful misconductits duties.
Appears in 1 contract
Samples: Deed of Trust (Wells Real Estate Investment Trust Inc)