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�o��o recover the same or to foreclose this Deed of Trust. Nothing in this Section 39 or in any other provision of this Deed of Trust shall constitute an extension of the time of payment of the Loans. After entry of a judgment on either Credit Agreement, or any other Lender Agreement or a judgment in mortgage foreclosure hereunder, interest shall continue to accrue under this Deed of Trust at the rates set forth in the Credit Agreements. This Deed of Trust shall not, solely for purposes of determining interest payable under the Credit Agreements, merge with any judgment on either Credit Agreement or any other Lender Agreement or a judgment in mortgage foreclosure under this Deed of Trust. (c) Additional Advances and Disbursements, Costs of Enforcement. If any Event of Default exists, Beneficiary shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Grantor. All sums advanced and expenses incurred at any time by Beneficiary under this Section 39(c), or otherwise under this Deed of Trust, the Credit Agreements or any other Lender Agreement or applicable law, shall bear interest from the date that such sum is advanced or expense incurred, to and including the date of reimbursement, computed at the interest rate as set forth in the Credit Agreements, and all such sums, together with interest thereon, shall be secured by this Deed of Trust. (d) Acceleration Remedv. Subject to the notice and cure requirements of this Deed of Trust and the Credit Agreements, upon Grantor's breach of any covenant or agreement contained herein, including, but not limited to, the covenants to pay when due any sums secured by this Deed of Trust, Beneficiary, in its sole judgment and discretion, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may foreclose this Deed of Trust by judicial proceedings and may invoke any other remedies permitted by applicable law or provided herein. Beneficiary shall be entitled to collect all costs and expenses incurred in pursuing such remedies. 40. Satisfaction of Prior Encumbrance To the extent the Loans made to Grantor and ICE pursuant to the Credit Agreements are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against all or any portion of the Mortgaged Property, such proceeds shall be deemed to have been advanced by Bene�ciary at Grantor's request, and Beneficiary sha11 be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, irrespective of whether said liens, security interests, charges or encumbrances are released, and it is expressly understood that, in consideration of the payment of such other indebtedness by Beneficiary, Grantor hereby waives and releases all demands and causes of action for offsets and payments to, upon and in connection with the said indebtedness. 41. Inconsistency with Credit A�reements. To the fullest extent possible, the terms and provisions of the Credit Agreements shall be read together with the terms and provisions of this Deed of Trust such that the terms and provisions of this Deed of Trust shall supplement, rather than conflict with, the terms and provisions of the Credit Agreements; provided, however, that, notwithstanding the foregoing, in the event any of the terms or provisions of this Deed of Trust conflict with any of the terms or provisions of the Credit 12187-5273/LEGAL17750578.4 5/1/ 1023