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M 2.0001049Z by this Deed of Trust shall be null and void when all the Obligations have been indefeasibly paid in full in accordance with the terms of the Loan Documents and the Lenders and the Swingline Lender have no further commitment to lend under the Credit Agreement, no Letters of Credit are outstanding and the Fronting Bank has no further obligation to issue Letters of Credit under the Credit Agreement. (b)' The lien of this conveyance shall be released from such portion of the Trust Property as is required by, pursuant to and in accordance with the operative provisions of (i) Section 7.05 of the Credit Agreement or (ii) Section 10 of the Guarantee Agreement. (c) In connection with any termination or release pursuant to paragraph (a), the Deed of Trust shall be marked "satisfied" by the Beneficiary, and this Deed of Trust may be canceled of record at the request and at the expense of the Grantor. Beneficiary shall execute any documents reasonably requested by Grantor to accomplish the foregoing or to accomplish any release contemplated by paragraph (a) or (b) and Grantor will pay all costs and expenses, including attorneys' fees and disbursements, incurred by Beneficiary in connection with the preparation and execution of such documents. SECTION 3.06. Definitions. As used in this Deed of Trust, the singular shall include the plural as the context requires and the following words and phrases shall have the following meanings: (a) "including" shall mean "including but not limited to "; (b) "provisions" shall mean "provisions, terms, covenants and /or conditions "; (c) "lien" shall mean "lien, charge, encumbrance, security interest, mortgage or deed of trust "; (d) "obligation" shall mean "obligation, duty, covenant and /or condition "; (e) "Trustee" shall mean "Trustee, for the benefit of the Beneficiary and in accordance with the Credit Agreement," and (f) "any of the Trust Property" shall mean "the Trust Property or any part thereof or interest therein ". Each reference to an Operating Lease or a Lease shall be a reference to such lease as it may be modified, supplemented, amended and /or restated from time to time by the parties thereto as permitted by this Deed of Trust. Any act which Beneficiary is permitted to perform hereunder may be performed at any time and from time to time by Beneficiary or any person or entity designated by Beneficiary. Any act which is prohibited to Grantor hereunder is also prohibited to all lessees of any of the Trust Property. Each appointment of Beneficiary as attorney -in -fact for Grantor under the Deed of Trust is irrevocable, with power of substitution and coupled with an interest. Subject to the applicable CNYCorp; 1105401 .3:DPCO2:11 /11/00- 12:05a] (Hall County)