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200602197 <br />Section 6.07. Subrogation. To the extent that proceeds of the Notes or advances hereunder are <br />used to pay any outstanding lien, charge or prior encumbrance against the Mortgaged Estate, such <br />proceeds or advances have been or will be advanced by the Beneficiary at the Grantor's request, and the <br />Beneficiary shall be subrogated to any and all rights and liens held by any owner or holder of such <br />outstanding liens, charges and prior encumbrances, irrespective of whether said liens, charges or <br />encumbrances are released of record. <br />Section 6.08. Change in Ownership. If the ownership of the Mortgaged Estate or any part <br />thereof or interest therein becomes vested in a person other than the Grantor owning the same on the date <br />hereof, the Beneficiary may, without notice to the Grantor, deal with such successor or successors in <br />interest with reference hereto and the Secured Obligations in the same manner as with the Grantor <br />without in any way vitiating or discharging the Grantor's liability hereunder or upon the Secured <br />Obligations. No sale of the Mortgaged Estate, and no forbearance on the part of the Beneficiary, and no <br />extension of the time for the payment of the Secured Obligations, given by the Beneficiary, shall operate <br />to release, discharge, modify, change or affect the original liability, if any, of the Grantor or the liability <br />of any guarantors or sureties of the Grantor, either in whole or in part; provided that the Grantor may be <br />released from its original liability hereunder upon transfer of the entire Mortgaged Estate with the written <br />consent of the Beneficiary and as permitted under the Financing Documents. <br />Section 6.09. Assignment of the Beneficiary's Interest. It is expressly agreed that any and all <br />terms hereof, the other Financing Documents and all other agreements made or executed by the Grantor <br />or others in favor of the Beneficiary, and all rights, powers, privileges, options and remedies conferred <br />upon the Beneficiary herein and therein, shall inure to and be for the benefit of, and may be exercised by, <br />the Beneficiary and its successors and assigns, and the word "the Beneficiary" shall also mean and <br />include the successor or successors and the assign or assigns of the Beneficiary and its successors and <br />assigns. <br />Section 6.10. Time Is of the Essence. Time is of the essence hereunder and the other <br />Financing Documents. <br />Section 6.11. Obligations of Grantor. The obligations of the Grantor to make payments <br />hereunder and under the Indenture and the Loan Agreement and to perform and observe all agreements on <br />its part contained herein and therein shall be absolute and unconditional. Until this Deed of Trust is <br />terminated or payment in full of all Bonds is made or is provided for in accordance with the Indenture, the <br />Grantor (a) will not suspend or discontinue any payments under the Loan Agreement or neglect to <br />perform any of its duties required thereunder or hereunder; (b) will perform and observe all of its <br />obligations set forth in the Loan Agreement, this Deed of Trust and the Note; and (c) except as provided <br />herein will not terminate the Loan Agreement or this Deed of Trust for any cause. <br />Section 6.12. Immunity of Individuals. No recourse shall be had for the payment of the <br />principal or redemption price of or interest on the Bonds or for any claim based thereon or under the Loan <br />Agreement, this Deed of Trust or the Note or upon any obligation, covenant or agreement herein against <br />any past, present or future officer, director, trustee, member, employee or agent of the Grantor, whether <br />directly or indirectly and all such liability of any such individual as such is hereby expressly waived and <br />released as a condition of and in consideration for the execution hereof and the issuance of the Series <br />2006 Bonds. <br />-20- <br />