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200300520 13. FORBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by Governing Law, shall not be a waiver of or preclude the exercise of any such right or remedyhereunder. Likewise, the waiver by Beneficiary or Trustee of any Event of Default under this Deed of Trust shall not be deemed to be a waiver of any other or similar Events of Default. 14. RECONVEYANCE BY TRUSTEE. This Deed of Trust shall continue in full force and effect from the date hereof until the Trust Estate is reconveyed as provided herein (the "Term "). Upon written request of Beneficiary stating that all Obligations have been paid, and upon surrender of this Deed of Trust to Beneficiary for cancellation and retention, and upon payment by Truster of Trustee's fees, Trustee shall reconvey to Truster, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder in the manner provided by the Act. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any such reconveyance may be described as "the person or persons legally entitled thereto." Truster shall pay any recordation costs relating to such reconveyance. 15. DUTIES AND OBLIGATIONS OF TRUSTEE. (a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and of the Act. Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein and in the Act, and no implied covenants or obligations shall be imposed upon Trustee. (b) No provision of this Deed of Trust shall require Trustee to expend or risk his or her own funds, or otherwise incur any financial obligation in the performance of any of his other duties hereunder, or in the exercise of any of his or her right or powers, if he or she shall have grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured. (c) Trustee shall not be liable for any action taken in good faith and reasonably believed to be authorized orwithin the discretion, rights and powers conferred by this Deed of Trust and the Act. 16. NOTICES. Except for any notices, demands, requests or other communications required under Governing law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notices of default and notices of sale), demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and personally delivered or deposited with a reputable overnight carrier or mailed by first class U. S. mail, postage prepaid, and addressed to the address set forth at the beginning of this Deed of Trust. Such notice shall be effective immediately upon personal delivery, or twenty four (24) hours after deposit with an overnight carrier, or seventy two (72) hours after deposit in the U. S. mail, in the manner set forth above. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. "01259911 H