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<br />or any other Loan Document shall be deemed or construed to be a waiver or relinquishment of any such
<br />rights or benefits under any such "security interest exception", "secured creditor exemption", or "secured
<br />party exemption" under CERCLA or any other Governmental Requirement.
<br />ARTICLE XI
<br />MISCELLANEOUS PROVISIONS
<br />11.1 RELEASE. Upon payment of all sums and the performance of all obligations secured by
<br />this Instrument, and upon termination of Lender's obligation, if any, to advance funds to Grantor under
<br />the Credit Agreement, or any other Loan Document or Related Document as evidenced by a written
<br />termination statement signed by Grantor and Lender, Lender shall release this Instrument. Grantor shall
<br />pay Lender's reasonable costs incurred in releasing this Instrument.
<br />11.2 GRANTOR AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's
<br />option, without giving notice to or obtaining the consent of Grantor, Grantor's heirs, successors and
<br />assigns or any junior lienholder or Guarantor, without liability on Lender's part and notwithstanding the
<br />existence of an Event of Default, extend the time for payment of the Indebtedness or any part thereof,
<br />reduce the payments thereon, release anyone liable on any of the Indebtedness, accept a renewal note or
<br />notes therefor, modify the terms and time of payment of the Indebtedness, release from the liens of this
<br />Instrument any part of the Property, take or release other or additional security, recovery any part of the
<br />Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any
<br />extension or subordination agreement, and agree in writing with Grantor to modify the rate of interest or
<br />period of amortization of the Note or change the amount of the installments payable thereunder. Any
<br />actions taken by Lender pursuant to the terms of this Section 11.02 shall not affect the obligation of
<br />Grantor or Grantor's heirs, successors, and assigns to pay the sums secured by this Instrument and to
<br />observe the covenants of Grantor contained herein, shall not affect the guaranty of any person,
<br />corporation, partnership, or other entity for payment of the Indebtedness or any part thereof, and shall not
<br />affect the liens or priority of liens of this Instrument on the Property. Grantor shall pay Lender a
<br />reasonable charge, together with such title insurance premiums and attorney's fees as may be incurred at
<br />Lender's option, for any such action if taken at Grantor's request.
<br />11.3 NOTICE. Except for any notice required under applicable law to be given in another
<br />manner, (a) any notice to Grantor provided for in this Instrument or in the Note shall be given by mailing
<br />such notice in accordance with Section 11.4 of the Credit Agreement.
<br />11.4 SUCCESSORS AND ASSIGNS BOUND. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
<br />Lender, Trustee and Grantor, subject to the provisions of Section 8.05. Not in limitation thereof, Grantor
<br />expressly acknowledge and agree that with regard to all indemnifications and releases in favor of Lender
<br />in this Instrument, the term "Lender" shall include Lender's directors, officers, partners, employees,
<br />attorneys, and agents and any persons or entities owned or controlled by or affiliated with Lender.
<br />11.5 LENDER'S CONSENT. Except as otherwise expressly provided in this Instrument, in
<br />any instance hereunder where Lender's approval, consent or the exercise of judgment is required, the
<br />granting or denial of such approval or consent and the exercise of such judgment shall be within Lender's
<br />sole and absolute discretion.
<br />11.6 JOINT AND SEVERAL LIABILITY. All covenants and agreements of Grantor(s) shall
<br />be joint and several.
<br />11.7 NO PARTNERSHIP. Nothing contained in this Instrument or any of the other Loan
<br />Documents is intended to create any partnership, joint venture, or association between Grantor, Trustee,
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