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<br />applicable law, if the Subject Property or any interest therein shall be sold, transferred (including without
<br />limitation, where applicable, through sale or transfer of a majority or controlling interest of the corporate
<br />stock, or any general partnership, limited liability company or other similar interests of Trustor), mortgaged,
<br />assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law (each of which
<br />actions and events is called a "Transfer "), without Beneficiary's prior written consent, THEN Beneficiary may,
<br />at its sole option, declare all Secured Obligations immediately due and payable in full. Trustor shall notify
<br />Beneficiary in writing of each Transfer within ten (10) business days of the date thereof.
<br />4.15 Releases, Extensions. Modifications and Additional Security. Without notice to or the consent,
<br />approval or agreement of any persons or entities having any interest at any time in the Subject Property or in
<br />any manner obligated under any Secured Obligation (each, an "Interested Party "), Beneficiary may, from time
<br />to time, release any Interested Party from liability for the payment of any Secured Obligation, take any action
<br />or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any
<br />Secured Obligation, accept additional security, and enforce, waive, subordinate or release all or a portion of
<br />the Subject Property or any other security for any Secured Obligation. None of the foregoing actions shall
<br />release or reduce the personal liability of any Interested Party, nor release or impair the priority of the lien of
<br />this Deed of Trust upon the Subject Property.
<br />4.16 Reconveyance. Upon Beneficiary's written request, and solely to the extent required by applicable law
<br />upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured Obligations
<br />to Trustee for cancellation, Trustee shall reconvey, without warranty, the Subject Property, or that portion
<br />thereof then covered hereby, from the lien of this Deed of Trust. The recitals of any matters or facts in any
<br />reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. To the extent
<br />permitted by law, the reconveyance may describe the grantee as "the person or persons legally entitled
<br />thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of persons claiming to be
<br />rightful grantees of any reconveyance. When the Subject Property has been fully reconveyed, the last such
<br />reconveyance shall operate as a reassignment of all future Rents to the person or persons legally entitled
<br />thereto. Upon Beneficiary's demand, Trustor shall pay all costs and expenses incurred by Beneficiary in
<br />connection with any reconveyance.
<br />4.17 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether or not released
<br />of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any
<br />Secured Obligation.
<br />4.18 Trustor Different From Obligor ( "Third Party Trustor "). As used in this Section 4.18, the term "Obligor"
<br />shall mean each person or entity obligated in any manner under any of the Secured Obligations; and the term
<br />"Third Party Trustor" shall mean (1) each person or entity included in the definition of Trustor herein and
<br />which is not an Obligor under all of the Secured Obligations, and (2) each person or entity included in the
<br />definition of Trustor herein if any Obligor is not included in said definition.
<br />(a) Representations and Warranties. Each Third Party Trustor represents and warrants to Beneficiary that:
<br />(i) this Deed of Trust is executed at an Obligor's request; (ii) this Deed of Trust complies with all agreements
<br />between each Third Party Trustor and any Obligor regarding such Third Party Trustor's execution hereof; (iii)
<br />Beneficiary has made no representation to any Third Party Trustor as to the creditworthiness of any Obligor;
<br />and (iv) each Third Party Trustor has established adequate means of obtaining from each Obligor on a
<br />continuing basis financial and other information pertaining to such Obligor's financial condition. Each Third
<br />Party Trustor agrees to keep adequately informed from such means of any facts, events or circumstances
<br />which might in any way affect such Third Party Trustor's risks hereunder. Each Third Party Trustor further
<br />agrees that Beneficiary shall have no obligation to disclose to any Third Party Trustor any information or
<br />material about any Obligor which is acquired by Beneficiary in any manner. The liability of each Third Party
<br />Trustor hereunder shall be reinstated and revived, and the rights of Beneficiary shall continue if and to the
<br />extent that for any reason any amount at any time paid on account of any Secured Obligation is rescinded or
<br />must otherwise be restored by Beneficiary, whether as a result of any proceedings in bankruptcy or
<br />reorganization or otherwise, all as though such amount had not been paid. The determination as to whether
<br />any amount so paid must be rescinded or restored shall be made by Beneficiary in its sole discretion; provided
<br />however, that if Beneficiary chooses to contest any such matter at the request of any Third Party Trustor,
<br />DEED OF TRUST With Assignment of Rents (05/01) Page 8
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