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ARTICLE VII. MISCELLANEOUS 201405965 6.1 Compliance with Laws & Restrictions. All existing Improvements and any Improvements hereafter placed on the Land are and will be located within the boundary lines of the Land. All appurtenant easement areas are and shall remain free from encroachments. The Mortgaged Property complies with, and will continue to comply with, all laws applicable to the Mortgaged Property, including without limitation all applicable building, zoning, subdivision and land use statutes, ordinances, codes, rules, regulations and orders and all covenants and agreements of record. Trustor will not, and will not permit any tenant or other occupant of the Mortgaged Property to, use the Mortgaged Property in any manner that violates any state or federal law. No further permits, licenses, approvals, variances, public hearings or governmental orders or consents are necessary for the operation of the Mortgaged Property for its intended purposes or for the construction of any planned Improvements. 6.2 Accuracy of Information. All information, certificates or statements given to Beneficiary by or on behalf of Trustor in connection with or pursuant to any of the Loan Documents or the loan facility evidenced thereby will be true and complete when given. In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of the Deed of Trust, the following provisions will also apply: 7.1 Term of Deed of Trust. The Deed of Trust shall continue in full force and effect until the Deed of Trust is released. 7.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all covenants of Trustor and the payment of taxes, assessments, and similar charges and insurance premiums. 7.3 Subrogation. Beneficiary will be subrogated to the lien of any deed of trust, mortgage or other lien discharged, in whole or in part, by the proceeds of the Note or other advances by Beneficiary, in which event any sums otherwise advanced by Beneficiary shall be immediately due and payable, with interest at the default rate set forth in the Loan Documents from the date of advance by Beneficiary to the date of payment by Trustor, and will be one of the Obligations secured by the Deed of Trust. 7.4 Choice of Law. Creation, perfection, priority, enforcement and foreclosure of the Deed of Trust and the liens and remedies hereunder will be governed by the laws of the state in which the Mortgaged Property is located. For all other purposes, the choice of law specified in the Loan Documents will govern. 7.5 Severability. Invalidity or unenforceability of any provision of the Deed of Trust shall not affect the validity or enforceability of any other provision. 7.6 Copies; Entire Agreement; Modification; Demand Obligations. Trustor hereby acknowledges the receipt of a copy of the Deed of Trust, together with a copy of each promissory note secured hereby, and all other documents executed by Trustor in connection herewith. The Deed of Trust is intended by Trustor and Beneficiary as a final expression of the Deed of Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness of the Deed of Trust. No parol evidence of any nature shall be used to supplement or modify any terms. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS DEED OF TRUST SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING AND SIGNED BY THE PARTIES ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS DEED OF TRUST MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE SHALL ALSO BE EFFECTIVE WITH RESPECT TO ALL OTHER LOAN DOCUMENTS NOW IN EFFECT BETWEEN TRUSTOR AND BENEFICIARY. A MODIFICATION OF ANY LOAN DOCUMENT NOW IN EFFECT BETWEEN TRUSTOR AND BENEFICIARY, WHICH OCCURS AFTER RECEIPT BY TRUSTOR OF THIS NOTICE, MAY BE MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAL OR IMPLIED MODIFICATIONS TO SUCH LOAN DOCUMENTS ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. IN THE EVENT ANY OF THE OBLIGATIONS SECURED HEREBY IS PAYABLE UPON DEMAND, NEITHER THE DEED OF TRUST NOR ANYTHING CONTAINED HEREIN SHALL BE DEEMED TO ALTER, LIMIT, OR OTHERWISE IMPINGE UPON THE DEMAND CHARACTER OF SUCH OBLIGATIONS. 7.7 Joint Liability; Successors and Assigns. If there is more than one Trustor, the liability of Trustors will be joint and several, and the reference to "Trustor" shall be deemed to refer to each Trustor and to all Trustors. The 04 -004 © us bancorp 2013 (rev. 1.1 - 05/2014) Page 7 219648, vers. 2