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�Q��Q��Q 21. Release U op n Payment and Discharge of Grantor's Obli atg ions. The Beneficiary shall release this Deed of Trust and the lien hereof by proper instrument upon payment and discharge of all Indebtedness, including payment of all reasonable expenses incurred by the Beneficiary in connection with the execution of such release, in accordance with C.R.S. §38-39-102. 22. Extension, Release, etc. (a) Without affecting the lien or charge of this Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Lender Obligations, Beneficiary may, from time to time and without notice, agree to (i) release any Person liable for the indebtedness borrowed or guaranteed under the Credit Agreements or any other Lender Agreement, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Credit Agreements or any other Lender Agreement or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or a11 of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (b) Unless such action results in payment and performance in full of the Lender Obligations secured by this Deed of Trust, no recovery of any judgment by Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Grantor shall affect the lien of this Deed of Trust or any liens, rights, powers or remedies of Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired. (c) If Beneficiary shall have the right to foreclose this Deed of Trust or to direct a power of sale, the failure to make any tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a sale of the Mortgaged Property, or to ternunate such tenant's rights in such sale will not be asserted by Grantor as a defense to any proceeding instituted by Beneficiary to collect the Lender Obligations or to foreclose the lien of this Deed of Trust. (d) Unless expressly provided otherwise herein, in the event that ownership of this Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same Person, this Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby. 23. Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Deed of Trust shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "Code") of the State of Nebraska with respect to personal property and/or fixtures included in the Mortgaged Property. If an Event of Default shall occur and be continuing under this 12187-5273/LEGAL17750578.4 5/1/ 1015