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FV 11 il shall be sent to the addresses shown below or such other addresses which the parties may provide to one another in accordance with the Loan Agreement. To Beneficiary: Atherton Capital Incorporated 1001 Bayhill Drive, Suite 155 San Bruno, California 94066 Attention: Loan Administration Telephone No.: (650) 827 -7800 Telecopy No.: (650) 827 -7950 with a copy to Loan Services: Mellon Mortgage Company 1422 Euclid Avenue, Suite 900 Cleveland, Ohio 44115 Attention: Melanie Majcher Telephone No.: (216) 931 -9913 Telecopy No.: (216) 696 -1553 To Trustor: Heartland Automotive Service, Inc. 11308 Davenport Street The Atrium Building Omaha, Nebraska, 68154 -5649 Attention: Philip Meyers Telephone No.: 402 - 333 -0990 Ext. 15 Telecopy No.: 402 - 333 -2338 SECTION 6.4. Amendments in Writine. No amendment, consent, waiver or supplement in any way affecting Trustor's obligations or Beneficiary's rights under this Deed of Trust shall in any event be effective unless contained in a writing signed by Beneficiary. SECTION 6.5. Governing Law: Construction. This Deed of Trust shall be governed by the law of the state in which the Land is situated. SECTION 6.6. Successors and Assiens. The covenants and agreements of Trustor hereunder, and the provisions hereof affecting Trustor, shall bind Trustor hereunder, its successors and assigns and all Persons claiming by, through or under Trustor and shall inure to the benefit of Trustor and its successors and permitted assigns. The rights and privileges of Beneficiary hereunder, and the provisions hereof affecting Beneficiary, shall inure to the benefit of Beneficiary hereunder and its successors and assigns. SECTION 6.7. Waiver. Trustor waives, on behalf of itself and all Persons now or hereafter interested in the Property or the other Subject Property, to the fullest extent permitted by applicable law, (i) all rights under all appraisement, homestead, moratorium, valuation, exemption, stay, extension, redemption, single action, election of remedies and marshalling statutes, laws or equities now or hereafter existing, (ii) any benefit of any law providing for the valuation or appraisal of the Property or the other Subject Property or any part thereof prior to any sale thereof, (iii) after any such sale, claim or exercise any right to redeem the property so sold or any part thereof, (iv) all benefit or advantage of any such law and covenants not to hinder, delay or impede the execution by Beneficiary of any power or remedy herein granted or available at law or in equity, but to suffer and permit the execution of every power and remedy as though no such law existed and (v) any and all requirements that at any time any action may be taken against any other Person. Trustor hereby acknowledges and agrees that no defense based on any of the foregoing will be asserted in any action enforcing this Deed of Trust. SECTION 6.8. WAIVER OF JURY TRIAL. TRUSTOR AND BENEFICIARY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR 111/150348.02.00 18 010499/1956/35239.00196