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200411880 (b) Even if Beneficiary (1) grants some forbearance or an extension of time for the payment of any sums secured hereby, (2) takes other or additional security for the payment of any sums secured hereby, (3) waives or does not exercise some right granted herein or under the Loan Documents, (4) releases a part of the Trust Property from this Deed of Trust, (5) agrees to change some of the terms, covenants, conditions or agreements of any of the Loan Documents, (6) consents to the filing of a map, plat or replat affecting the Premises, (7) consents to the granting of an easement or other right affecting the Premises or (8) makes or consents to an agreement subordinating Beneficiary's lien on the Trust Property hereunder; no such act or omission shall preclude Beneficiary from exercising any other right, power or privilege herein granted or intended to be granted in the event of any breach or Event of Default then made or of any subsequent default; nor, except as otherwise expressly provided in an instrument executed by Beneficiary, shall this Deed of Trust be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or part of the Trust Property, Beneficiary is hereby authorized and empowered to deal with any vendee or transferee with reference to the Trust Property secured hereby, or with reference to any of the terms, covenants, conditions or agreements hereof, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any liabilities, obligations or undertakings. SECTION 2.16. Remedies Cumulative. No right, power or remedy conferred upon or reserved to Trustee or Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, and each and every such right, power and remedy shall be cumulative and concurrent and in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity or by statute. ARTICLE III Miscellaneous SECTION 3.01. Partial Invalidity. In the event any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, and this Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. SECTION 3.02. Notices. All notices to be sent and all documents to be delivered hereunder shall be in writing, shall be delivered by hand or overnight courier service, mailed or sent by telex, telecopy or facsimile transmission, and shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by telex, telecopy or facsimile transmission, or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to any party hereto at the address or addresses specified in Section 10.01 of the Credit Agreement or at such other address or addresses of which it shall have notified the party giving such notice in accordance with said Section 10.01. 21 [[NYC0RP:2455832v1 ]]