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200313157 SECTION 10.7 Building Use. During the entire term of the Note and this Deed of Trust, Trustor agrees not to convert the Premises to a condominium or cooperative of any kind or to any use other than as office and warehouse buildings. In that connection, Trustor covenants that the sale of units and/or recording of condominium or cooperative documents on the Premises or any part thereof shall constitute an Event of Default. SECTION 10.8 Amendment/Modification. Amendment to, waiver of or modification of any provision of this Deed of Trust must be made in writing. No oral waiver, amendment, or modification may be implied. SECTION 10.9 Substitution of Trustee. Beneficiary may remove Trustee at any time or from time to time, with or without cause, and appoint a successor trustee, and upon such appointment, all powers, rights, duties and authority of Trustee, as aforesaid, shall thereupon become vested in such successor. Such substitute trustee shall be appointed by written instrument duly recorded in the county or counties where the real property covered hereby is located, which appointment may be executed by any authorized agent of Beneficiary or in any other manner permitted by applicable law. SECTION 10.10 Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance of the Premises by Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect the security, exceed the total sum of $40,000,000.00. Advances of disbursements made by Beneficiary to protect the security, under the terms hereof, while discretionary, shall not be deemed to be optional advances. SECTION 10.11 Representations of Trustor. Trustor affirmatively represents and warrants that the written terms of the Loan Documents, and each of them, accurately reflect the mutual understanding of Trustor and Beneficiary, as to all matters addressed therein, and Trustor further represents and warrants that there are no other agreements or understandings, written or oral, which exist between Trustor and Beneficiary relating to the matters addressed in said documents. SECTION 10.12 Beneficiary's Expense. Should Beneficiary make any payments hereunder or under the Note or under any other Loan Documents or incur any liability, loss or damage under or by reason of this Deed of Trust, the Note or any other Loan Documents, or in the defense of any claims or demands, the amount thereof, and all costs and expenses, including all filing, recording, and title fees and any other expenses relating to the Indebtedness, including without limitation filing fees for UCC continuation statements and any expense involving modification thereto, attorneys' fees, and any 15311/53;09/30/03 -28-