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200505595 31 Certain Definitions. Unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, words used in this Deed of Trust shall be used interchangeably in singular or plural form and the word "Grantor" shall mean each Grantor and any subsequent owner or owners of the Trust Property or any part thereof or interest therein; the word "Beneficiary" shall mean Beneficiary or any subsequent Grantee of the Note or the Notes, if any; the words "Security Agreement" shall mean the Loan and Security Agreement; the word "Guarantor" shall mean each person guaranteeing payment of the Debt or any portion thereof or performance by Grantor of any of the terms of this Deed of Trust; the word " e� rson" shall include an individual, corporation, partnership, trust, unincorporated association, government, governmental authority, or other entity; the words "Trust Property" shall include any portion of the Trust Property or interest therein; the word "Debt" shall mean all sums secured by this Deed of Trust; and the word "default" shall mean the occurrence of any default by Grantor or other person in the observance or performance of any of the terms, covenants or provisions of the Note, the Security Agreement, this Deed of Trust or any other documents, instruments or agreements executed in connection therewith, on the part of Grantor or such other person to be observed or performed without regard to whether such default constitutes or would constitute upon notice or lapse of time, or both, an Event of Default under this Deed of Trust. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. 33. Waiver of Notice. Grantor shall not be entitled to any notices of any nature whatsoever from Beneficiary or Trustee except with respect to matters for which this Deed of Trust specifically and expressly provides for the giving of notice by Beneficiary or Trustee to Grantor, and Grantor hereby expressly waives the right to receive any notice from Beneficiary or Trustee with respect to any matter for which this Deed of Trust does not specifically and expressly provide for the giving of notice by Beneficiary or Trustee to Grantor. 34. Waiver of Statutory Rights. Grantor shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so called "Moratorium Laws ", now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust, but hereby waives the benefit of such laws to the full extent that Grantor may do so under applicable law. Grantor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Trust Property marshaled upon any foreclosure of the lien of this Deed of Trust and agrees that any court having jurisdiction to foreclose such lien may order the Trust Property sold as an entirety. Grantor hereby waives for itself and all who may claim through or under it, and to the full extent Grantor may do so under applicable law, any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust or granted under any statute now existing or hereafter enacted. 35. Waiver of Counterclaims. Grantor absolutely, unconditionally and irrevocably waives any and all right to assert any setoff, counterclaim or crossclaim of any nature with respect to this Deed of Trust or the obligations of Grantor under this Deed of Trust in any action or proceeding brought by Beneficiary to collect the Debt, or any portion thereof, or to enforce the obligations of the Grantor under this Deed of Trust. CLT 837349v1 15