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11K1::IC contained herein and in the other Financing Documents and otherwise in writing in connection herewith or therewith. 6.17 Reduction of Secured Amount. In the event that the maximum principal amount secured by this Deed of Trust is less than the aggregate Obligations, then the amount secured hereby shall be reduced only by the last and final sums that the Trustor or any other Secured Party repays with respect to the Obligations and shall not be reduced by any intervening repayments of the Obligations. So long as the balance of the Obligations exceeds the amount secured hereby, any payments of the Obligations shall not be deemed to be applied against, or to reduce, the portion of the Obligations secured by this Deed of Trust. 6.18 Acknowledgment of Receipt. The Trustor hereby acknowledges receipt of a true copy of this Deed of Trust. 6.19 Release. Following the Deed of Trust Termination Date, this Deed of Trust shall be released of record, and the Beneficiary, at the request and expense of the Trustor, will promptly instruct the Trustee to execute and deliver to the Trustor (without recourse and without representation or warranty) a proper instrument or instruments acknowledging the satisfaction and termination of this Deed of Trust; provided, however, that all indemnities set forth herein (including, without limitation Section 4.10 hereof) shall survive such termination. In addition, this Deed of Trust shall be wholly or partially released of record, as appropriate: (x) in the event of a sale, transfer or other disposition of all or a portion of the Trust Property specifically permitted pursuant to the Credit Agreement; or (y) upon the written consent of each Lender as specified in the Credit Agreement (a release under either of the preceding clauses (x) or (y) are referred to herein as a "Permitted Release "). The Trustor shall deliver to the Beneficiary a certificate (the "Officer's Certificate ") executed by an officer of the Trustor stating that the release of the Trust Property is permitted pursuant to the terms and conditions of the Credit Agreement, that the proceeds of such sale, transfer or other disposition of the Trust Property will be applied in accordance with the provisions of the Credit Agreement and the Account Agreement (to the extent required to be applied) and setting forth any further information and/or certifications which are required under the Credit Agreement as conditions to be met in order for the release to constitute a Permitted Release. Upon receipt by the Beneficiary of the Officer's Certificate, the Beneficiary shall, at the expense of the Trustor, promptly instruct the Trustee to execute and deliver to the Trustor (without recourse and without representation or warranty) a proper instrument or instruments evidencing the Permitted Release; but provided that the indemnities set forth herein (including without limitation Section 4.10 hereof) shall survive the release of this Deed of Trust. The Beneficiary shall have no liability whatsoever to any other Secured Party as a result of any release of all or any portion of the Trust Property by it in accordance with (or which the Beneficiary, in the absence of gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non - appealable decision) believes to be in accordance with) this Section 6.19, 6.20 Time of the Essence. Time is of the essence with respect to the obligations of the Trustor under this Deed of Trust. 6.21 The Beneficiary's Powers. Without affecting the liability of any other Person liable for the payment and performance of the Obligations and without impairing the Lien of this 20