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W-MVE MS11 6.25 Future Advances. This Deed of Trust is given to secure the Obligations under, or in respect of, the Financing Documents and shall secure not only obligations with respect to presently existing indebtedness under the foregoing documents and agreements but also any and all other indebtedness which may hereafter be owing to the Secured Parties under the Financing Documents, however incurred, whether interest, discount or otherwise, and whether the same shall be deferred, accrued or capitalized, including future advances and re- advances, pursuant to the Credit Agreement or the other Financing Documents, whether such advances are obligatory or to be made at the option of the Secured Parties, or otherwise, to the same extent as if such future advances were made on the date of the execution of this Deed of Trust. The Lien of this Deed of Trust shall be valid as to all indebtedness secured hereby, including future advances, from the time of its filing for record in the recorder's office of the county in which the Trust Property is located. 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, and Permitted Liens related thereto. Although this Deed of Trust is given to secure all future advances made by the Beneficiary and/or the other Secured Parties to or for the benefit of the Trustor and/or the Trust Property, whether obligatory or optional, and the Trustor and the Beneficiary hereby acknowledge and agree that the Beneficiary and the other Secured Parties are obligated by the terms of the Financing Documents to make certain future advances, including advances of a revolving nature, subject to the fulfillment of the relevant conditions set forth in the Financing Documents. 6.26 Addendum. The terms and conditions set forth in the Addendum attached hereto are made an integral part hereof, and are incorporated in this Deed of Trust by reference. ARTICLE VII CONCERNING THE TRUSTEE 7.01 Covenants of the Trustee. The Trustee, by its acceptance hereof, covenants faithfully to perform and fulfill the trusts herein created, and hereby waives any statutory fee and agrees to accept reasonable compensation, in lieu thereof, for any services rendered by it in accordance with the terms hereof. It shall not be the Trustee's duty to see to any recording, filing or registration of this Deed of Trust or any other instrument in addition or supplemental thereto or to give notice thereof, or to see to the payment of, or be under any duty regarding any imposition, or to see to the performance or observance by the Trustor of any of the covenants and agreements contained herein. The Trustee shall not be responsible for the execution, acknowledgment, or validity of this Deed of Trust or of any instrument in addition or supplemental hereto or for the insufficiency of the security purported to be created hereby and makes no representation in respect thereof or regarding the rights of the Beneficiary. The Trustee may advise with counsel upon any matters arising hereunder and shall be fully protected in relying as to the legal matters or on the advice of counsel. The Trustee shall not incur any personal liability hereunder except for his own willful misconduct, and the Trustee may rely on any instrument, document, or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. 7.02 Resignation, Removal of the Trustee. The Trustee may resign at any time without notice. In the event of the resignation or death or dissolution of the Trustee, or the Trustee's 23