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892675!5 /COLUMBUS 065439.00078 201310005 b. Request for Notice. Borrower and Lenders hereby request that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses of such parties set forth above. c. Attorneys' Fees; Expenses. If any Lender institutes any suit or takes any action to enforce any of the terms of this Deed of Trust, such Lender shall be entitled to recover its reasonable attorneys' fees, costs, and related expenses (collectively, the "Costs ") incurred by such Lender in connection with its efforts to enforce this Deed of Trust, including, without limitation, Costs incurred at trial and on any appeal, and Costs incurred in connection with any bankruptcy proceeding to which Borrower is a party. d. Governing Laws. This Deed of Trust has been delivered to Lenders and accepted by Lenders in the State, and shall be governed by and construed in accordance with the laws of the State. e. General Provisions. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. The term "Lenders" shall mean the owner and holder (including a pledgee) of the Notes, or portion thereof, whether or not named as Lenders herein. The term "Borrower" shall mean the original Borrower hereunder and any subsequent owner of the Premises who acquires the same subject to this Deed of Trust with the consent of Lenders. If more than one person is now or hereafter named herein as Borrower, each obligation of Borrower shall be the joint and several obligation of each such person. Wherever the context so requires, the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. f. No Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lenders in any capacity, without the written consent of Lenders. g. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. h. Binding Effect; Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Borrower's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their heirs, legatees, devisees, personal representatives, successors and assigns. i. Remedies Cumulative. Trustee and Lenders shall each be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Notes, under any of the Loan Documents, or under any other agreement or any laws now or hereafter in force; 18