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201203748 subrogated hereunder. It is expressly understood that in consideration of the payment of such indebtedness by Beneficiary, Grantor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. Section 6.10 Application of Payments to Certain Obligations. If any part of the Obligations cannot be lawfully secured by this Deed of Trust or if any part of the Mortgaged Property cannot be lawfully subject to the lien and security interest hereof to the full extent of the Obligations, then all payments made shall, unless otherwise designated by the Beneficiary, be applied on the Obligations first in discharge of that portion thereof which is not secured by this Deed of Trust. Section 6.11 Compliance with Usury Laws. It is the intent of Grantor and Beneficiary and all other parties to the Credit Documents to conform to and contract in strict compliance with applicable usury laws from time to time in effect. All agreements between Beneficiary and Grantor (or any other party liable with respect to any indebtedness under the Credit Documents) are hereby limited by the provisions of this Section 6.11 which shall override and control all such agreements, whether now existing or hereafter arising. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Deed of Trust, the Notes delivered in connection therewith or any other Credit Document or otherwise, exceed the maximum non -usurious amount permitted by applicable law (the "Maximum Lawful Amount'). If, from any possible construction of any document, interest would otherwise by payable in excess of the Maximum Lawful Amount, any such construction shall be subject to the provisions of this Section 6.11 and such document shall ipso facto be automatically reformed and the interest payable shall be automatically reduced to the Maximum Lawful Amount, without the necessity of execution of any amendment or new document. If Beneficiary shall ever receiveanything of value which is characterized as interest under applicable law and which would apart from this provision be in excess of the Maximum Lawful Amount, an amount equal to the amount which would have been excessive interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the inverse order of its maturity and not to the payment of interest, or refunded to Grantor or the other payor thereof if and to the extent such amount which would have been excessive exceeds such unpaid principal. Any right to accelerate maturity of any of the Obligations does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Beneficiary does not intend to charge or receive any unearned interest in the event of acceleration. All interest paid or agreed to be paid to Beneficiary shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term (including any renewal or extension) of such indebtedness so that the amount of interest on account of such indebtedness does not exceed the Maximum Lawful Amount. Section 6.12 Marshalling. To the fullest extent allowed by applicable law, Grantor waives any right to require the marshalling of any assets constituting collateral for the Loan. Section 6.13 Invalidity of Certain Provisions. A determination that any provision of this Deed of Trust is unenforceable or invalid shall not affect the enforceability or validity of any Bolton Farm - Loan 195618 JM MDA 11095245 v 1 0-0 05/03/2012 Page 26 of 31