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200608869 shall not be affected thereby, and every provision of this Deed of Trust shall be valid and enforceable to the fullest extent permitted by law. 6.09 Partial Releases. No release from the Lien of this Deed of Trust of any part of the Trust Property by the Beneficiary shall in any way alter, vary or diminish the force or effect of this Deed of Trust on the balance of the Trust Property or the priority of the Lien of this Deed of Trust on the balance of the Trust Property. 6.10 Priority. This Deed of Trust is intended to and shall be valid and have priority over all subsequent Liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the real estate, to the extent of the maximum amount secured hereby. 6.11 Covenants Running with the Pioneer Trail Land. All Obligations are intended by the Trustor and the Beneficiary to be, and shall be construed as, covenants running with the Trust Property. As used herein, the " Trustor" shall refer to the party named in the first paragraph of this Deed of Trust and to any subsequent owner of all or any portion of the Trust Property. All persons who may have or acquire an interest in the Trust Property shall be deemed to have notice of, and be bound by, the terms of the Credit Agreement and the other Financing Documents; provided, however, that no such party shall be entitled to any rights thereunder without prior written consent of the Beneficiary. 6.12 Successors and Assigns. This Deed of Trust shall be binding upon and inure to the benefit of the Beneficiary and the Trustor and their respective successors and assigns. Except as expressly permitted by Credit Agreement, the Trustor shall not assign any rights, duties, or obligations hereunder. 6.13 Purpose of Loans. The Trustor hereby represents and agrees that the Obligations secured by this Deed of Trust are being obtained for business or commercial purposes, and the proceeds thereof will not be used for personal, family, residential, household or agricultural purposes. 6.14 No Joint Venture or Partnership. The relationship created hereunder and under the other Financing Documents is that of creditor /debtor. The Beneficiary does not owe any fiduciary or special obligation to the Trustor and/or any of the Trustor's officers, partners, agents, or representatives. Nothing herein or in any other Financing Document is intended to create a joint venture, partnership, tenancy -in- common or joint tenancy relationship between the Trustor and the Beneficiary. 6.15 The Beneficiary as Agent for Secured Parties. It is expressly understood and agreed that the rights and obligations of the Beneficiary as holder of this Deed of Trust and as Collateral Agent for the Secured Parties and otherwise under this Deed of Trust are only those expressly set forth in this Deed of Trust and in Section 8 of the Credit Agreement. The Beneficiary shall act hereunder pursuant to the terms and conditions set forth herein and in the Credit Agreement. 6.16 Full Recourse. This Deed of Trust is made with full recourse to the Trustor and to all assets of the Trustor, including the Trust Property and the Secured Property, and pursuant to and upon all the warranties, representations, covenants and agreements on the part of the Trustor WN