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- 20- 200512344 (ii) then to the payment of all charges, expenses and advances incurred or made by the Trustee or the Beneficiary in order to protect the Lien and estate of this Deed of Trust or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders and the Swingline Lenders may otherwise agree; and after payment in full of all Obligations any surplus remaining shall be paid to the Trustor or to whomsoever may be lawfully entitled to receive the same. (b) Liability for Deficiencies. No sale or other disposition of all or any part of the Trust Estate pursuant to Section 4.02 shall be deemed to relieve the Trustor of its obligations under the Credit Agreement or any other Loan Instrument except to the extent the proceeds thereof are applied to the payment of such obligations. Ifthe proceeds of sale, collection or other realization of or upon the Trust Estate are insufficient to cover the costs and expenses of such realization and the payment in full ofthe Obligations, the Trustor shall remain liable for any deficiency. Section 4.04. Right to Sue. The Trustee and the Beneficiary or either of them shall have the right from time to time to sue for any sums required to be paid by the Trustor under the terms of this Deed of Trust as the same become due, without regard to whether or not the Obligations shall be, or have become, due and without prejudice to the right of the Trustee or the Beneficiary thereafter to bring any action or proceeding of foreclosure or any other action upon the occurrence of any Default existing at the time such earlier action was commenced. Section 4.05. Powers of the Trustee and the Beneficiary. The Trustee and the Beneficiary may at any time or from time to time renew or extend this Deed of Trust or (with the agreement of the Trustor) alter or modify the same in any way, or waive any of the terms, covenants or conditions hereof or thereof, in whole or in part, and may release or reconvey any portion of the Trust Estate or any other security, and grant such extensions and indulgences in relation to the Obligations, or release any person liable therefor as the Trustee or the Beneficiary may determine without the consent of any junior lienor or encumbrancer, without any obligation to give notice of any kind thereto, without in any manner affecting the priority of the Lien and estate of this Deed of Trust on or in any part of the Trust Estate, and without affecting the liability of any other person liable for any of the Obligations. Deed of Trust NY3:#7374669