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200800520 20~9i&22 reflected in any such Financing Statcment so filed at any time. Similarly, the mention in any such Financing Statement of (1) rights in or to the proceeds of any fire and/or hazard insurance policy, or (2) any award in eminent domain proceedings for a taking or for lessening of value, or (3) Grantor's interest as lessor in any present or future lease or rights to income growing out of the use and/or occupancy of the property conveyed hereby, whether pursuant to leasc or otherwise, shall never be construed as in any way altering any of the rights of Beneficiary as determined by this instrument or impugning the priority of Beneficiary's lien granted hereby or by any other recorded document. Such mention in the Financing Statement is declared to be solely for the protection of Beneficiary in the event any court or judge shall at any time hold, with respect to the matters set forth in the foregoing clauses (1), (2), and (3), that notice of Beneficiary's priority of interest is required in order to be effective against a particular class of persons, including but not limited to the federal government and any subdivisions or entity of the federal government, shall be filed in the Uniform Commercial Code records. 4.4 Defeasance. Upon full payment of all indebtedness secured hereby and satisfaction of all the Secured Obligations in accordance with their respective terms and at the time and in the manner provided, and when Beneficiary has no further obligation to make any advance, or extend any credit hereunder, under the Notes or any of the other Loan Documents, this conveyance shall be null and void, and thereafter, upon demand therefor, the Beneficiary shall promptly direct Trustee to make an appropriate instrument of reconveyance or release to Grantor, at the expense of Grantor. 4.5 Notices. All notices, demands and other communications provided for hereunder shall be given in accordance with the notice provisions of the Loan Agreement. 4.6 Successors: Grantor; Gender: Severability. All provisions hcreof shall bind Grantor and Beneficiary and their respective successors, vendees and assigns and shall inure to the benefit of Beneficiary, its successors and assigns, and Grantor and its permitted successors and assigns. GRANTOR CONSENTS TO THE ASSIGNMENT BY BENEFICIARY OF ALL OR ANY PORTION OF ITS RIGHTS UNDER THIS DEED OF TRUST AND THE OTHER LOAN DOCUMENTS. GRANTOR ACKNOWLEDGES AND AGREES THAT ANY AND ALL RIGHTS OF BENEFICIARY UNDER THIS DEED OF TRUST AND THE OTHER LOAN DOCUMENTS MAYBE EXERCISED FROM TIME TO TIME BY ANY ASSIGNEE OR SUCCESSOR OF BENEFICIARY. Grantor shall not have any right to assign any of its rights hereunder. Except as limited by the preceding sentence, the word "Grantor" shall include all Persons claiming under or through Grantor and all Persons liable for the payment or performance by Grantor of any of the Secured Obligations whether or not such Persons shall have executed the Notes or this Deed of Trust. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Whenever possible, each provision of this Deed of Trust shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Deed of Trust shall be prohibited by or invalid under the applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity only, without invalidating the remainder of such provision or the remaining provisions of this Deed of Trust, it being the parties' intention that this Deed of Trust and each provision hereof be effective and enforced to the fullest extent permitted by applicable 22 NEWY 1\8176568.2