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200313159
<br />SECTION 10.8 Amendment/Modification.
<br />Amendment to, waiver of or modification of any provision of this Deed of Trust must be
<br />made in writing. No oral waiver, amendment, or modification may be implied.
<br />SECTION 10.9 Substitution of Trustee.
<br />Beneficiary may remove Trustee at any time or from time to time, with or without cause,
<br />and appoint a successor trustee, and upon such appointment, all powers, rights, duties and
<br />authority of Trustee, as aforesaid, shall thereupon become vested in such successor. Such
<br />substitute trustee shall be appointed by written instrument duly recorded in the county or
<br />counties where the real property covered hereby is located, which appointment may be executed
<br />by any authorized agent of Beneficiary or in any other manner permitted by applicable law.
<br />SECTION 10.10 Future Advances.
<br />Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance
<br />of the Premises by Trustee to Trustor, may make future advances to Trustor. Such future
<br />advances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the
<br />principal amount of the Indebtedness secured by this Deed of Trust, not including sums-
<br />advanced to protect the security, exceed the total sum of $40,000,000.00. Advances of
<br />disbursements made by Beneficiary to protect the security, under the terms hereof, while;
<br />discretionary, shall not be deemed to be optional advances.
<br />SECTION 10.11 Representations of Trustor.
<br />Trustor affirmatively represents and warrants that the written terms of the Loan
<br />Documents, and each of them, accurately reflect the mutual understanding of Trustor and
<br />Beneficiary, as to all matters addressed therein, and Trustor further represents and warrants that
<br />there are no other agreements or understandings, written or oral, which exist between Trustor and
<br />Beneficiary relating to the matters addressed in said documents.
<br />SECTION 10.12 Beneficiary's Expense.
<br />Should Beneficiary make any payments hereunder or under the Note or under any other
<br />Loan Documents or incur any liability, loss or damage under or by reason of this Deed of Trust,
<br />the Note or any other Loan Documents, or in the defense of any claims or demands, the amount
<br />thereof, and all costs and expenses, including all filing, recording, and title fees and any other
<br />expenses relating to the Indebtedness, including without limitation filing fees for UCC
<br />continuation statements and any expense involving modification thereto, attorneys' fees, and any
<br />and all costs and expenses incurred in connection with making, performing, or collecting the
<br />Indebtedness or exercising any of Beneficiary's rights under the Note, this Deed of Trust or any
<br />other Loan Documents, including reasonable attorneys' fees, the cost of appraisals and the cost
<br />of any environmental inspections in connection therewith, and all claims for brokerage and
<br />finder's fees which may be made in connection with the making of the loan, together with
<br />interest thereon, at the Default Rate as defined in the Note, shall become part of the Indebtedness
<br />and shall be secured by this Deed of Trust and the other Loan Documents and Trustor hereby
<br />agrees to reimburse Beneficiary therefor immediately upon demand. Such sums, costs and
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