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99 1U93 � 3 C. Bankruptcy: Stay of Collection. The parties agree that because of the extreme financial importance to Lender of this transaction, Lender will be irreparably harmed by any stay of its collection efforts or the exercise of its remedies under the Trust Deed. D. Bankruptcy: Reorganization of Borrower. The parties agree that in the event a plan of reorganization is proposed under Chapter 11 of the Bankruptcy Code of 1978, the plan will be fair and equitable to Lender, as a secured creditor, only if Lender realizes under the plan the indubitable equivalence of its interests in the Property. The term ��indubitable equivalent" in such context shall have the same meaning as previously set forth herein. 18 . Americans with Disabilities Act . A. Borrower understands that the Property is subject to the Americans with Disabilities Act (hereafter '�ADA") . Borrower agrees to keep the Property in compliance with the ADA. If the Property is later remodeled or altered while this trust deed is in effect, the Borrower shall have the work performed so that it complies with the ADA. Borrower shall furnish to Lender, if requested, a written opinion from a licensed architect that the remodeling/alterations comply with the ADA. B. Borrower hereby warrants and represents to Lender that there are no pending or threatened claims by the Department of Justice or third parties relating to the act . C. Borrower hereby agrees to indemnify and hold harmless the Lender, its directors, officers, employees and agents, and any successor to Borrower' s interest, from and against any and all claims, damages, losses and liabilities arising in connection with the violation of the ADA while the Borrower is in control of the Property. 19 . Miscellaneous Provisions . A. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Trust Deed granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower' s successors in interest . Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Trust Deed by reason of any demand made by the original Borrower and Borrower� s successors in interest . B. Lender� s Powers . Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Property not then or heretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender' s options any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. C. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender' s rights to accelerate the maturity of the indebtedness secured by this Trust Deed. � 10 ....