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<br />Beneficiary and the Trustor stipulate and agree that none of the terms and provisions contained
<br />in this Deed of Trust shall ever be construed to create a contract for the use, forbearance or
<br />retention of money requiring payment of interest at a rate in excess of the maximum interest rate
<br />permitted to be charged by relevant law. If this Deed of Trust or any other instrument
<br />evidencing or securing the Obligations violates any applicable usury law, then the interest rate
<br />payable in respect of the Loans shall be the highest rate permissible by law.
<br />6.03 Notices. Except as otherwise expressly provided herein, all notices, requests,
<br />demands or other communications provided for hereunder shall be in writing and mailed,
<br />transmitted via facsimile, telegraph, telex, cable or delivered via courier service as set forth in the
<br />Credit Agreement. All such notices and communications shall be effective as provided in Section
<br />9.3 of the Credit Agreement.
<br />6.04 Captions. The captions or headings at the beginning of each Article and Section
<br />hereof are for the convenience of the parties hereto and are not a part of this Deed of Trust.
<br />6.05 Amendment. None of the terms and conditions of this Deed of Trust may be
<br />changed, waived, modified or varied in any manner whatsoever, except in accordance with the
<br />Credit Agreement.
<br />6.06 Obligations, Absolute. The obligations of the Trustor hereunder shall remain in
<br />full force and effect without regard to, and shall not be impaired by, (a) any bankruptcy,
<br />insolvency, reorganization, arrangement, readjustment, composition, liquidation or the like of the
<br />Trustor; (b) any exercise or non - exercise, or any waiver of, any right, remedy, power or privilege
<br />under or in respect of this Deed of Trust or any other Financing Document; or (c) any
<br />amendment to or modification of any Financing Document or any security for any of the
<br />Obligations; whether or not the Trustor shall have notice or knowledge of any of the foregoing.
<br />6.07 Further Assurances. The Trustor shall, upon the request of the Beneficiary and at
<br />the expense of the Trustor: (a) promptly correct any defect, error or omission which may be
<br />discovered in this Deed of Trust or any UCC financing statements filed in connection herewith;
<br />(b) promptly execute, acknowledge, deliver and record or file such further instruments
<br />(including, without limitation, further mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements and assignments of rents or leases)
<br />and promptly do such further acts as may be necessary, desirable or proper to carry out more
<br />effectively the purposes of this Deed of Trust and to subject to the Liens and security interests
<br />hereof any property intended by the terms hereof to be encumbered hereby, including, but not
<br />limited to, any renewals, additions, substitutions, replacements or appurtenances to the Trust
<br />Property; and (c) promptly execute, acknowledge, deliver, procure and record or file any
<br />document or instrument (including specifically any financing statement) deemed advisable by
<br />the Beneficiary to protect, continue or perfect the Liens or the security interests hereunder
<br />against the rights or interests of third Persons.
<br />6.08 Partial Invalidity. If any of the provisions of this Deed of Trust or the application
<br />thereof to any person, party or circumstances shall to any extent be invalid or unenforceable, the
<br />remainder of this Deed of Trust, or the application of such provision or provisions to persons,
<br />parties or circumstances other than those as to whom or which it is held invalid or unenforceable,
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