Indemnification of Trustee. Except for gross negligence 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 it in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest on the money. Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties.
Appears in 4 contracts
Samples: Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Security Agreement and Fixture Filing (Maguire Properties Inc)
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Borrower hereby indemnifies Trustee against all liability and expenses which Trustee he may incur in the performance of its dutieshis duties hereunder, except those arising from Trustee’s gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Grubb & Ellis Healthcare REIT II, Inc., Grubb & Ellis Healthcare REIT II, Inc., Grubb & Ellis Healthcare REIT II, Inc.
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law)shall, until used or applied as provided herein provided, be held in this Deed of Trust. trust, and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee that he may incur in the performance of its dutieshis duties hereunder except for gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Intercreditor Agreement (Fender Musical Instruments Corp), Guarantee and Collateral Agreement (Powerhouse Technologies Inc /De)
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Xxxxxxx hereby indemnifies Trustee against all liability and expenses which Trustee that he may incur in the performance of its dutieshis duties hereunder.
Appears in 2 contracts
Samples: Trust, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Security Agreement and Fixture Filing (Industrial Income Trust Inc.)
Indemnification of Trustee. Except for gross negligence 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 it in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its dutiesduties hereunder.
Appears in 2 contracts
Samples: Green Plains Renewable Energy, Inc., Loan Agreement (United Foods Inc)
Indemnification of Trustee. Except for gross negligence and 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 it in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor Obligor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its dutiesduties hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Gerber Scientific Inc), Credit Agreement (Guilford Mills Inc)
Indemnification of Trustee. Except for gross negligence 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 it in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its dutiesduties hereunder.
Appears in 1 contract
Samples: Defined Terms (Green Plains Renewable Energy, Inc.)
Indemnification of Trustee. Except for gross negligence 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 it in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest on the money. Trustor Affiliated Guarantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties.
Appears in 1 contract
Samples: Management Agreement (Strategic Hotels & Resorts, Inc)
Indemnification of Trustee. Except for gross negligence and 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 it in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law)shall, until used or applied as provided herein provided, be held in this Deed of Trust. trust, and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee that it may incur in the performance of its dutiesduties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Grantor hereby indemnifies Trustee against all liability and expenses expenses, which Trustee he may incur in the performance of its dutieshis duties hereunder.
Appears in 1 contract
Samples: Trust and Security Agreement (Highland Hospitality Corp)
Indemnification of Trustee. Except for gross negligence and 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 it Trustee in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Trustee against all GRANTOR SHALL INDEMNIFY TRUSTEE AGAINST ALL liability and expenses which Trustee may incur in the performance of its dutiesTrustee’s duties hereunder.
Appears in 1 contract
Samples: Construction Loan Agreement (Micropac Industries Inc)
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Grantor hereby indemnifies Trustee against all liability and expenses which Trustee he may incur in the performance of its dutieshis duties hereunder.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement (Hispanic Television Network Inc)
Indemnification of Trustee. Except for gross negligence 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Grantor hereby indemnifies Trustee against all liability and expenses which Trustee he may incur in the performance of its dutieshis duties hereunder (other than for the gross negligence or willful misconduct of Trustee).
Appears in 1 contract
Samples: Newmark Homes Corp
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law)shall, until used or applied as provided herein provided, be held in this Deed of Trusttrust. Trustee Grantor shall not be liable for interest on the money. Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee that he may incur in the performance of its dutieshis duties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence and 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 it him in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless hereby indemnifies Trustee against all liability and expenses expenses, which Trustee he may incur in the performance of its dutieshis duties hereunder.
Appears in 1 contract
Samples: Trust and Security Agreement (Highland Hospitality Corp)
Indemnification of Trustee. Except for gross negligence 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 it in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. Trustee shall not be liable for interest on the money. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties.
Appears in 1 contract
Samples: Security Agreement (Wells Real Estate Investment Trust Inc)
Indemnification of Trustee. Except for gross negligence and 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 it Trustee in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its dutiesTrustee’s duties hereunder.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence and 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 it in good faith to be genuine. All money received by Trustee shall be held in trust, but need not be segregated (except to the extent required by law)shall, until used or applied as provided herein provided, be held in this Deed of Trust. trust, and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee that it may incur in the performance of its dutiesduties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Health Management Associates Inc)
Indemnification of Trustee. Except for gross negligence and 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 it Trustee in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its dutiesXxxxxxx’s duties hereunder.
Appears in 1 contract
Samples: Cabinet Grow, Inc.
Indemnification of Trustee. Except for actions that constitute gross negligence and 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 it Trustee in good faith to be genuine. All money received by Trustee shall shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), until used or applied as provided in this Deed of Trust. and Trustee shall not be liable for interest on the moneythereon. Trustor shall protect, indemnify and hold harmless Grantor hereby indemnifies Trustee against all liability and expenses which that Trustee may incur in the performance of its duties.Trustee’s duties hereunder. ARTICLE SIX
Appears in 1 contract
Samples: Trust, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)
