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201211202 <br /> whether voluntarily, involuntarily or by operation of law (each of which actions and events is <br /> called a "Transfer"), without Beneficiary's prior �vritten consent, THEN Beneficiary may, at its <br /> sole option, declare all Secured Obligations immediately due and payable in fitll. Trustor shall <br /> notify Beneficiary in writing of each Transfer within ten (10) business days of the date thereof. <br /> 4.15 Releases Extensions, Modifications and Additional Securitv. Without notice to <br /> or the consent, approval or agreement of any persons or entities having any interest at any time in <br /> the Subject Property or in any manner obligated under any Secured Obligation (each, an <br /> "Interested Partv"), Beneficiary may, from time to time, release any lnterested Party from <br /> liability for the payment of any Secured Obligation, take any action or make any agreement <br /> extending the maturity or otherwise altering the terms or increasing the amount of any Secured <br /> Obligation, accept additional security, and enforce, waive, subordinate or release all or a portion <br /> of the Subject Property or any other security for any Secured Obligation. None of the foregoing <br /> actions shall release or reduce the personal liability of any Interested Party, nor release or impair <br /> the priority of the lien of this Deed of Trust upon the Subject Property. <br /> 4.16 Reconvevance. Upon Beneficiary's written request, and solely to the extent <br /> required by applicable law opon surrender of this Deed of Trust and every note or other <br /> instrument se[ting forth any Secured Obligations to Trustee for cancellation, Trustee shall <br /> reconvey, without warranty, the Subject Property, or that portion thereof then covered hereby, <br /> from the lien of this Deed of TrusL The recitals of any matters or facts in any reconveyance <br /> executed hereunder shall be conclusive proof of the truthfulness thereof. To the extent permitted <br /> by law, the reconveyance may describe the grantee as "the person or persons legally entitled <br /> thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of persons <br /> claiming to be rightful grantees of any reconveyance. When the Subject Property has been fully <br /> reconveyed, the last such reconveyance shall operate as a reassignment of all future Rents to the <br /> person or persons legally entitled thereto. Upon Beneficiary's demand, Trustor shall pay all <br /> costs and expenses incurred by Beneficiary in connection with any reconveyance. <br /> 4.17 Subro a� tion. Beneficiary shall be su6rogated to the lien of all encumbrances, <br /> whether or not released of record, paid in whole or in part by Beneficiary pursuant to this Deed <br /> of Trust or by the proceeds of any Secured Obligation. <br /> 4.18 Trustor Different From Obligor ("Third PartY Trustor"1. As used in this Section, <br /> [he term "Obli¢or" shall mean each person or entity obligated in any manner under any of the <br /> Secured Obligations; and the term "Third Party Trustor" shall mean (1) each person or entity <br /> included in the definition of Trustor herein and which is not an Obligor under all of the Secured <br /> Obligations, and (2) each person or entity included in the definition of Trustor herein if any <br /> Obligor is not included in said definition. <br /> (a) Representations and Warranties. Each Third Party Trustor represents and <br /> warrants to Beneficiary that: (i)this Deed of Trust is execoted at an Obligor's request (ii) this <br /> Deed of Trust complies with all agreements between each Third Party Trustor and any Obligor <br /> regarding such Third Party Trustor's execution hereof; (iii)Beneficiary has made no <br /> representation to any Third Party Trustor as to the creditworthiness of any Obligor; and (iv) each <br /> Third Party Trustor has established adequate means of obtaining from each Obligor on a <br /> continuing basis financial and other information pertaining to such Obligor's financial condition. <br /> Each Third Party Trustor agrees to keep adequately informed from such means of any facts, <br /> events or circumstances which might in any way affect such Third Party Trustor's risks <br /> hereunder. Each Third Party Trustor further agrees that Beneficiary shall have no obligation to <br /> disclose to any Third Party Trustor any information or material about any Obligor which is <br /> acquired by Beneficiary in any manner. The liability of each Third Party Trustor hereunder shall <br /> be reinstated and revived, and the rights of Beneficiary shall continue if and to the extent that for <br /> Deed oTTrust and Assignment of Ren[s and Leases Page ]0 <br /> Deed of Trust-Capital One,N.A._Lyne Realty,LP(Grand Island,NE) <br />