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200508354 <br />legally entitled thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of <br />persons claiming to be rightful grantees of any reconveyance. When the Subject Property has been fully <br />reconveyed, the last such reconveyance shall operate as a reassignment of all future Rents to the <br />person or persons legally entitled thereto. Upon Beneficiary's demand, Trustor shall pay all costs and <br />expenses incurred by Beneficiary in connection with any reconveyance. <br />4.17 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether or not <br />released of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the <br />proceeds of any Secured Obligation. <br />4.18 Trustor D&Laot From Obligor As used in this Section, the term "Obligor" <br />shall mean each person or entity obligated in any manner under any of the Secured Obligations; and the <br />term 'Third Party Trustor" shall mean (1) each person or entity included in the definition of Trustor herein <br />and which is not an Obligor under all of the Secured Obligations, and (2) each person or entity included <br />in the definition of Trustor herein if any Obligor is not included in said definition. <br />a) Representations and YVarranties, Each Third Party Trustor represents and warrants to Beneficiary <br />that: (i) this Deed of Trust is executed at an Obligor's request; (ii) this Deed of Trust complies with <br />all agreements between each Third Party Trustor and any Obligor regarding such Third Party <br />Trustor's execution hereof; (iii) Beneficiary has made no representation to any Third Party Trustor <br />as to the creditworthiness of any Obligor; and (iv) each Third Party Trustor has established <br />adequate means of obtaining from each Obligor on a continuing basis financial and other <br />information pertaining to such Obligor's financial condition. Each Third Party Trustor agrees to <br />keep adequately informed from such means of any facts, events or circumstances which might in <br />any way affect such Third Party Trustor's risks hereunder. Each Third Party Trustor further agrees <br />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 <br />Third Party Trustor hereunder shall be reinstated and revived, and the rights of Beneficiary shall <br />continue if and to the extent that for any reason any amount at any time paid on account of any <br />Secured Obligation is rescinded or must otherwise be restored by Beneficiary, whether as a result <br />of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not <br />been paid. The determination as to whether any amount so paid must be rescinded or restored <br />shall be made by Beneficiary in its sole discretion; provided however, that if Beneficiary chooses to <br />contest any such matter at the request of any Third Party Trustor, each Third Party Trustor agrees <br />to indemnify and hold Beneficiary harmless from and against all costs and expenses, including <br />reasonable attorneys' fees, expended or incurred by Beneficiary in connection therewith, including <br />without limitation, in any litigation with respect thereto, <br />b) Waivers, <br />(i) Each Third Party Trustor waives any right to require Beneficiary to: (A) proceed against any <br />Obligor or any other person; (B) marshal assets or proceed against or exhaust any security held <br />from any Obligor or any other person; (C) give notice of the terms, time and place of any public or <br />private sale or other disposition of personal property security held from any Obligor or any other <br />person; (D) take any action or pursue any other remedy in Beneficiary's power; or (E) make any <br />presentment or demand for performance, or give any notice of nonperformance, protest, notice of <br />protest or notice of dishonor hereunder or in connection with any obligations or evidences of <br />indebtedness held by Beneficiary as security for or which constitute in whole or in part the Secured <br />Obligations, or in connection with the creation of new or additional obligations. <br />(ii) Each Third Party Trustor waives any defense to its obligations hereunder based upon or arising <br />by reason of: (A) any disability or other defense of any Obligor or any other person; (B) the <br />cessation or limitation from any cause whatsoever, other than payment in full, of any Secured <br />Obligation; (C) any lack of authority of any officer, director, partner, agent or any other person <br />