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i 2� 17�2� 19 Secured �bliga�ions ta Trustee f�r cancellatian, Trustee sha11 recan�ey, withaut warranty, the Trust Proper�y, ar that part�on th�reof then covered her�by, from th��ien of this I3eed af Trust. The rec�tals of any matters or fa�ts in any re�onveyance execu�ed hereunder sha1l be cor�clusive proof�f the truthfulness thereof. To the e�tent pernzit�ed by law, the reconveyance may describe the gran�ee as "�he pers�n or persons legally en�i�led thereto." Neither Beneficiary nor Trustee sha�l ha�e any duty to determi.ne the rights of persons claiming to he rightful grantees of an�reconveyance. When the Trus�Proper�y has been fu11y reconveyed, the xast such r�conveyance �hall �pera�� as a reassi�mrnent �f all future Rents tn the person or pers�ns legally entitled thereto. Upnn Beneficiary's demand, Trustor sha�l pay al� costs and expenses incurred by Beneficiary in connection with any recanveyance. 3.17 Subro a� tion. Benef�c�ary shali be su�rogated to the lien of al�encumbrances,whether or not released �f recard, paid in whale �r in part by Beneficiary pursuant to this Deed of Trust or by the pr�ceeds of any Secured�bligation. 3.18 Trustor Different From �b�i ar "'Third Part Trustor" . As used in this Sect�on, the term ; '"�bligor"' sha�I mean each person or en�ity obligated in any mariner under any of�he Secured�bligations; ; a.r�d the �erm "Third Party Trustor" shal� m�an �1}each persan or enti�y included in the def�nitian of Trustar herein ar�d which �s nat an Qbligor under all of�he Secured �bligat�ons, and �� each pers�n or ent�ty�ncluded in the definition of Trustar herein if any�bligor is nat inc�u�ied in said definition. (a} Re res�ntations and Warra.nties. Each Th�.rd Party Trustor represents and warrants ta Beneficiary that: �i}this Deed of Trus� is e�ecut�d at an �bligor's reques�; �ii}�his Deed of Trust complies with a�� agreements betwe�n each Third Party Trustor ar�d any �bi�gor r�garding such Third Party Trustar's execution hereof; �i�i}Beneficiary has made no represen�ation to any Th�rd Party Trustor as to the creditworthiness of any �bligor; and ��v� each Third Party Trustor has established adequate means of ob�aining from each�bligor fln a contir�u�ng basis financial and o�her informat�on pertaining to such �b�igor's financ�al canditian. Each Third Party Trustor agrees to keep adequately infarmed fram such means of any facts, ev�nts or circumstances which migh� in any way affect such Third Party � Trustor's risks hereux�der. Ea�h Third Party Trustor further agrees that Benefciary shall have no obligation to disclose to any Third Party Trustor any i.nf�rmation or material about any�blig�r which�s acquired by B�neficiary in any manner. The liability of each Third Party Trust�r h�reunder shall be reins�ated and revived, a.nd the rights�f Beneficiary sha�l continue if and to the exten�tha� far ar�y reason any amount at any time paid on account �f any Secured �bligation is rescinded �r must otherwise be restar�d by Benef ciary, whe�her as a result �f any proceedings in bankruptcy ar reargaruzat�on or otherwise, all as�hough such amount had not be�n paid. The determination as ta whether any amaunt so paid must be rescinded or restor�d shall be made by Benefic�ary in its so�e discretion; provided however, �hat if Beneficiary choases ta cantest any such matter at the request af any Third Party Trustar, each Third Party Trus�or agrees to indemn�fy and ho�d Beneficiary harm�ess from and aga�nst all costs and e�p�nses, �ncluding reasonabl� attorneys' fees, expended or incurred �y Beneficiary in connec�ion th�rewith, including w�thout Iimitation,in any litigat�an wi�h respect th�reto. � � � �b� Waivers. �i} Each Third Party Trustor wai��s any right to require Beneficiary ta: �A}proceed against any �bligar ar any other person; �B�marshal assets or proce�d against �r exhaust ar�y security held fram any�b�igor or any ather person; ��}g�ve notice �f the terms, time and p�ace of any publi� ar ; rivate sale or other dis os�tion of ersonal ro er� securit held fram an �bli ar or an other erson• ' p p p p p Y Y Y g Y p � � �I]�take any other action or pursue any other remedy in Ben�fi�iary's power; ar �E}make any presentm�nt or demand for performance, ar give any notice of nanperfarman�e, protest, nfltice of protest or nati�e of dishonor hereunder or in conn�cti�n wi�h ar�y abligati�ns or e�idences of ir�debtedness held by B�neficiary as security for or vvhich constitiute in wh�le or in part the Secured �bligations, ar in � cannection with the creation of new or additional ob�igations. � -g- i ,