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~ -~ 200709152 (d) waives and relinquishes any and all rights and remedies which Grantor may havc or be able to asscrt by rcason of the provisions of any Laws pertaining to the rights and remedies of surcties. Section 9.4 Succcssors and Assil!ns. All of the grants, covenants, terms, provisions and conditions of this Deed of Trust shall run with the Land and shall apply to and bind the successors and assigns of Grantor (including any pcrmitted subsequent owner of the Property), and inure to the benetlt of Lender, its successors and assigns and to the successors in trust of Trustee. Section 9.5 No Warranty by Lender or Trustee. By inspecting the Property or by accepting or approving anything required to bc observed, performed or fultllled by Grantor or to be given to Lcndcr or Trustcc pursuant to this Deed of Trust or any of the other Loan Documcnts, Lender and Trustee shall not be deemed to have warranted or represented the condition, suftlciency, lcgality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by Lender or Trustee. Section 9.6 Amendments. This Deed of Trust may not bc moditled or amended except by an agreement in writing, signed by the parties. Section 9.7 Severability. In the cvcnt anyone or more of the provisions of this Decd of Trust or any of the other Loan Documcnts shall for any reason be hcld to be invalid, illegal or unenforceable, in whole or in part or in any other respect, or in the evcnt anyone or more of the provisions of the Loan Documcnts operates or would prospectively operate to invalidatc this Dced of Trust or any of the other Loan Documcnts, then and in either of those cvcnts, at the option of Lender, such provision or provisions only shall be decmcd null and void and shall not affect the validity of the remaining Obligations, and the remaining provisions of the Loan Documents shall rcmain operative and in full force and effect and shall in no way be affected, prejudiced or disturbcd thereby. Section 9.8 Notices. All Notices required or which any party desires to give hereunder or undcr any other Loan Document shall bc in writing and, unless othcrwise specitlcally provided in such other Loan Document, shall be deemed suftlciently given or furnished if delivered by personal delivery, by nationally recognized overnight courier service or by certitled United States mail, postage prepaid, addresscd to the party to whom directed at the applicable address specitled in the Preamble to this Deed of Trust (unless changed by similar notice in writing given by the particular party whose address is to be changed) or by facsimile. Any Notice shall be dcemed to have been given either at the time of personal delivery or, in the case of courier or mail, as of the datc of fIrst attempted delivery at the address and in the manner provided herein, or, in the case of facsimilc, upon receipt; provided that service of a Notice required by any applicable statute shall be considcred complete when the requirements of that statute are met. Notwithstanding the foregoing, no notice of change of address shall be effective except upon actual receipt. This Section shall not be construed in any way to affect or impair any waiver of notice or demand provided in this Deed of Trust or in any other Loan Document or to require giving of notice or demand to or upon any Pcrson in any situation or for any reason. Section 9.9 Joint and Several Liability. If Grantor consists of two (2) or more Persons, the term "Grantor" shall also refer to all Persons signing this Deed of Trust as Grantor, and to each of them, and all of them are jointly and severally bound, obligated and liable hereunder. Trustee or Lender may release, compromise, modify or settle with "rror! Unknown document property name. 19