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200512344 - 23 - appointment and substitution shall be made by notice to the Trustor, the Trustee and successor trustee and by recording notice of such in each office in which this Deed of Trust is recorded. Such notice shall be executed and acknowledged by the Beneficiary and shall contain reference to this Deed of Trust and when so recorded shall be conclusive proof of proper appointment of the successor trustee. Such successor shall not be required to give bond for the faithful performance of its duties unless required by the Beneficiary. ARTICLE 6 Miscellaneous Section 6.01. Reconvevance bv Trustee. Upon the termination of the Commitments under and as defined in the Credit Agreement and the payment in full of the Obligations, the Beneficiary shall cause the Trustee to release the Lien of this Deed of Trust and reconvey, without warranty or covenant, any portion of the Trust Estate then held hereunder to the Trustor, or upon the request ofthe Trustor, and at the Trustor's expense, cause the Trustee to assign this Deed of Trust without recourse to the Trustor's designee, or to the person or persons legally entitled thereto, by an instrument duly acknowledged in form for recording. The Trustee shall, upon request by the Beneficiary, release and reconvey (or, as the case may be, assign) all or any portion of the Trust Estate as described in the preceding sentence whenever requested to do so by the Beneficiary and shall not require, as a condition to any such release, reconveyance or assignment, that the Beneficiary certify or demonstrate that all or any portion of the Obligations shall have been paid in full. Section 6.02. Notices. All notices, demands, consents, requests or other communications (collectively, "notices") that are permitted or required to be given by any party to the other hereunder shall be in writing and given in the manner specified in Section 9.01 of the Credit Agreement; provided, that notices to the Trustee shall be addressed to the Trustee at its office set forth on Page 1 hereof. Section 6.03. Amendments: Waivers: Etc. This Deed of Trust cannot be modified, changed or discharged except by an agreement in writing, duly acknowledged in form for recording, signed by the Trustor and the Beneficiary with the consent of the Lenders as provided in the Credit Agreement. For purposes hereof, a statement by the Beneficiary in any modification or supplement to this Deed of Trust to the effect that such modification or supplement has been consented to by the Lenders as provided in the Credit Agreement shall be conclusive evidence of such consent and it shall not be necessary for a copy of such consent to be recorded with such modification or supplement as a condition to such modification or supplement being recorded in the appropriate real estate records. Deed of Trust NY3:#7374669