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. <br /> 2� 17�2� 17 <br /> d <br /> � <br /> Prap�rty, or that portion thereaf then covered hereby, fr�m�he lien of this Deed�f Trust. The reci�als af <br /> any matters or facts in any recanveyance executed hereunder shall b�canclusive praaf of the truthfulness <br /> thereof. To the e�tent permitted by �aw, the reconveyance may describe the grantee as "the person or <br /> persons legally en�it�ed thereta." Ne��her Beneficiary nor Trustee sha11 have any duty to determine the <br /> rights of persons c�aiming to be rightfu�grantees of any re�onveyance. �Vhen the Trust Pr�perty has been <br /> fu�ly r��onveyed, the �as� such reconveyance sha�l operate as a reassigr�lent of ail future Ren.ts to the <br /> person or persons Iegally entitled �hereto. Upon Ben�ficiary's demand, Trus�ar sha11 pay all costs and <br /> expenses incurred by Beneficiary in connection wxth any reconveyance. <br /> 3.�7 Subr� a� �ian. Benef�ciary sha�l be subragated t�the�xen af aII encumbrances, wh�ther or nat <br /> releas�d of record, paid in whole or in par� by Benef�ciary pursuant to this Deed of Trust or by the <br /> proceeds of any Secured�bligation. <br /> 3.l.S Trustor D�fferent Frnm �bli ar '"Thir�i Part Trus�or" . As used in this Sect�on, the term <br /> "�b�igor" shall mean�ach person or entz�y obligated in any manner und�r any af the Se�ured�bligations; <br /> and �he term "Th�rd Farty Trustor" shall mean (1}each person or entity included in �he definition of <br /> Trustor here�n and which is nat an �bligor under alI of the Secured �bliga�ions, and ���each person or <br /> entity included�n the definition of Trust�r herein if an��bligor is nat inc�uded�n said definitian. � <br /> �a� Representations and Warran�ies. Each Third Party Trustar represents and warran�s to <br /> Beneficiary that: �i}this Deed of Trust is executed at an �bligor's reques�; �ii}this Deed of Trust <br /> comp�ies with a�l agreements between each Third �arty Trustor and any �bligor regar�ing such Third <br /> Farty Trustoris execution hereof; (ii�}Benefi�iary has made n� repr�sentatian�� any Third Party Trus�ar <br /> as to �he creditworthiness af any �bligar; and �iv� each Third Party Trustnr has established adequate <br /> � <br /> m�ans af obtairung from each�bligor on a continuing basis financial and other informat��n per�a�ning t� <br /> such �b�igor's financial condition. Each Third Party Trustor agrees to keep adequa�ely informed from ; <br /> such means of any facts, e�ents �r circumstances which might in any way aff�ct such Third Party <br /> Trustor's risks hereund�r. Each Third Party Trustor fur�her agrees �hat Benefzciary shall have no <br /> obligation to disc�ose t� any Third Party Trustor any information or material about any�bligor wh�ch is <br /> a�quired by Beneficiary in any manner. The liability of each Third Party Trustor hereunder sha�l be <br /> reinstated and re�ived, and the rights of Beneficiary shali cantinue if and to the exten�that for ar�y reasan <br /> any amoun� at any time pa�d on account of any Secured �bligation is rescinded or must otherwise be <br /> restored by Beneficiary, whether as a result of any praceedings in bankruptcy or reorganization ar <br /> otherwise, a�l as though such amount had not been paid. The d�Cerminat�on as to�vh�ther any amaunt so ' <br /> paid must be rescinded or restared sha�l be made by Beneficiary in its sole discre�ion; pr�vided however, <br /> that if Benef�ciaxy chooses to contest any such ma�ter at the request of any Th�rd Party Trust�r, each <br /> Third Party Trustor agrees �o indemnify and hold Ben�ficiary harn�less from and against all costs and <br /> expenses, includi�.g reasanable attarneys' fees, expended ar incurred by Beneficiary in connection <br /> therewith, including without 1�mitat�an,�n any li�igation with respect thereto. <br /> �b} Wai�ers. <br /> �i} Each Third Party Trustor wai�es any r�ght to require Beneficiary to: �A}proceed <br /> against any �hligor or any other person; �B}marshai assets or proceed against �r exhaust any security � <br /> held fram any �bligor ar any other pers�n; �C}give notice of th��erms, time and place of any public or ; <br /> priva�e sale or other d�spos�tion of personal property security he�d fram any�b��gar or any other person; � <br /> �D}take any other action or pursue any other remedy in B�neficiary's power; nr (E}make any ' <br /> presen�ment or deman� far p�rformance, ar give any natice of nonperfarmanc�, protes�, not�ce of protest <br /> or notice of dishanar hereunder or in connectian wi�h any obligat�ons or �vidences of ind�btedness held <br /> by Beneficiary as secu.rity for or which constitute in whale or in part the Secured �bliga�ions, or in <br /> connecti�n�vith the creat�an of new or additional obligations. <br /> -g- <br />