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<br />arising from or costs incurred by such governmental entity in response to a release of a
<br />hazardous or toxic waste, substance or constituent, or other substance into the environment, or
<br />security interests to be filed or attached to the Mortgaged Property without the written consent
<br />of Beneficiary. Grantor shall not sell, convey, transfer, lease, sublease or further encumber
<br />any interest in or any part of the Mortgaged Property, or suffer or permit any of the foregoing
<br />without the prior written consent of the Beneficiary having been obtained to (i) the sale,
<br />conveyance, transfer, lease, sublease, pledge, assignment or other transfer to the purchaser,
<br />transferee, assignee or pledgee, and (ii) to the form and substance of any instrument evidencing
<br />any such sale, transfer, lease, sublease, pledge, assignment or other transfer. The Grantor
<br />shall not, without the prior written consent of the Beneficiary, further assign the Rents. If
<br />Grantor does sell, convey, transfer, lease, sublease or otherwise dispose of all or any part of
<br />the Mortgaged Property, or any interest therein or suffer or permit any of the foregoing, or if
<br />Grantor suffers or permits any liens or security interests which are not Permitted Liens to be
<br />filed against the Mortgaged Property in contravention of this paragraph, Beneficiary may elect,
<br />by notice in writing to Grantor, to declare all of the Obligations, or any part thereof, and all
<br />other sums secured hereby to be and to become due and payable immediately upon the giving
<br />of such notice. The Grantor agrees that in the event the ownership of the Mortgaged Property
<br />or any part thereof becomes vested in a person other than the Grantor in violation of this Deed
<br />of Trust, the Beneficiary may, without notice to the Grantor, deal in any way with such
<br />successor or successors in interest with reference to this Deed of Trust and other sums hereby
<br />secured without in any way vitiating or discharging the Grantor's liability hereunder or upon
<br />other sums hereby secured. No sale of the Mortgaged Property in violation of this Deed of
<br />Trust, no forbearance to any person with respect to this Deed of Trust, and no extension to any
<br />person of the time for payment of the Obligations shall operate to release, discharge, modify,
<br />change or affect the original liability of the Grantor, either in whole or in part.
<br />27. Successor Trustee. Beneficiary, or any successor in ownership of any
<br />indebtedness secured hereby, may from time to time, by instrument in writing, substitute a
<br />successor or successors to any Trustee named herein or acting hereunder, which instrument,
<br />executed by the Beneficiary duly acknowledged and recorded in the office of the recorder of
<br />the county or counties where the Mortgaged Property is situated, shall be conclusive proof of
<br />proper substitution of such successor Trustee or Trustees, who shall, without conveyance from
<br />the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said
<br />instrument must contain the name of the original Grantor, Trustee and Beneficiary hereunder,
<br />the recording information where this Deed of Trust is recorded and the name and address of
<br />the new Trustee.
<br />28. Trustee Covenants. Trustee covenants faithfully to perform the trust
<br />herein created, being liable, however, only for gross negligence or willful misconduct.
<br />Trustee accepts this Trust, when this Deed of Trust, duly executed and acknowledged, is made
<br />a public record as provided by law. Trustee is not obligated to notify any party hereto of any
<br />action or proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought
<br />by Trustee.
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<br />003.302830.1
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