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2 01502075 <br />affect the original liability, if any, of Trustor or the liability of any guarantors or sureties of <br />Trustor, either in whole or in part. <br />Section 6.10. Assignment of Beneficiary's Interest. It is expressly agreed that any and <br />all terms of this Deed of Trust, the other Loan Documents and all other agreements made or <br />executed by Trustor or others in favor of Beneficiary, and all rights, powers, privileges, options <br />and remedies conferred upon Beneficiary herein and therein, shall inure to and be for the benefit <br />of Beneficiary and may be exercised by Beneficiary, its successors and assigns, and the word <br />"Beneficiary" shall also mean and include the successor or successors and the assign or assigns <br />of Beneficiary and its successors and assigns. Trustor hereby specifically grants unto Beneficiary <br />the right and privilege, at Beneficiary's option, to transfer and assign to any third person all or <br />any part of Beneficiary's rights to receive funds or payments hereunder. <br />Section 6.11. Time Is of the Essence. Time is of the essence under this Deed of Trust <br />and the other Loan Documents. <br />Section 6.12. Reconvevance by Trustee. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid and upon surrender of this Deed of Trust and the <br />Promissory Note to Trustee for cancellation and retention and upon payment by Trustor of <br />Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, <br />without warranty, any portion of the Mortgaged Property then held hereunder. The recitals in <br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />Additionally, provided that there is no existing Event of Default, Trustor may request and <br />Beneficiary shall provide partial deeds of reconveyance for the Outlots upon Trustor's payment <br />to Beneficiary of principal reduction payments as and when specified in Section 16 of the <br />Building Loan Agreement. <br />[Space Below Intentionally Left Blank — <br />Signature Page to Follow] <br />27 <br />