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<br />200709869
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<br />interest in the Encumbered Property, and shall not constitute, and no breach of this Deed of Trust by the
<br />County or the Partnership shall impose, a pecuniary liability upon the County's general credit or against
<br />its taxing powers. No covenant or agreement contained in this Deed of Trust shall be deemed to be the
<br />covenant or agreement of any official, officer, member, agent or employee of the County in his or her
<br />individual capacity and no such person shall be subject to any personal liability or accountability by
<br />reason of the issuance of the Bonds.
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<br />ARTICLE V
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<br />MISCELLANEOUS
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<br />Section 5.01. Governing Law. This Deed of Trust shall be governed by the internal laws of
<br />the State without reference to conflicts of law principles. In the event that any provision or clause hereof
<br />conflicts with applicable laws, such conflicts shaH not affect other provisions hereof which can be given
<br />effect without the conflicting provision, and to this end the provisions hereof are declared to be severable.
<br />This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
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<br />Section 5.02. Waiver of Rights. To the extent permitted by law, the Grantor waives the benefit
<br />of all laws now existing or that hereafter may be enacted (1) providing for any appraisement before sale
<br />of any portion of the Encumbered Property, or (2) in any way extending the time for the enforcement of
<br />the collection of the Secured Obligations or creating or extending a period of redemption from any sale
<br />made in coHecting the Secured Obligations. To the fuH extent the Grantor may do so under the laws of the
<br />State, the Grantor agrees that the Grantor will not at any time insist upon, plead, claim or take the benefit
<br />or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay,
<br />extension, redemption or homestead exemption, and the Grantor, for the Grantor, the Grantor's
<br />representatives, successors and assigns, and for any and all persons ever claiming any interest in the
<br />Encumbered Property, to the extent permitted by law, hereby waives and releases all rights of redemption,
<br />valuation, appraisement, stay of execution, homestead exemption, notice of election to mature or declare
<br />due the whole of the Secured Obligations and marshaling in the event of foreclosure of the liens hereby
<br />created. If any law referred to in this Section and now in force, of which the Grantor, the Grantor's heirs,
<br />devisees, representatives, successors and assigns or other person might take advantage despite this
<br />Section, shaH hereafter be repealed or cease to be in force, such law shaH not thereafter be deemed to
<br />preclude the application of this Section. The Grantor expressly waives and relinquishes any and all rights,
<br />remedies and defenses that the Grantor may have or be able to assert by reason of the laws of the State
<br />pertaining to the rights, remedies and defenses of sureties.
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<br />Section 5.03. Limitation of Interest. AH agreements between the Grantor and the Beneficiary,
<br />whether now existing or hereafter arising and whether written or oral, are expressly limited so that in no
<br />contingency or event whatsoever shall the amount paid, or agreed to be paid, to the Beneficiary for the
<br />use, forbearance, or detention of the money to be loaned pursuant to the Bonds or otherwise, or for the
<br />performance or payment of any covenant or obligation contained herein, exceed the maximum amount
<br />permissible under applicable law. If from any circumstance whatsoever fulfillment of any provision
<br />hereof at the time performance of such provision shall be due shall involve transcending the limit of
<br />validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit of
<br />such validity, and if from any such circumstance the Beneficiary or holder of the Bonds shaH ever receive
<br />as interest under the Bonds or this Deed of Trust or otherwise anything of value which would exceed
<br />interest at the highest lawful rate, such amount that would be excessive interest shall be applied to the
<br />reduction of the principal amount owing under the Bonds or on account of other Secured Obligations and
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