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86= 1.06927 Trust and the Indebtedness hereby secured shall at the option of said Beneficiary and upon sixty (60) days' prior written notice to Trustor, become immediately due and payable; provided, however, that such election shall be ineffective if Trustor is not prohibited by law from paying the whole of such tax in addition to all other payments required hereunder and the payment of such tax will not constitute usury or 'render the loan or indebtedness secured hereby wholly or partially usurious under any of the terms of the Credit Agreement, the Notes, this Deed of Trust or otherwise, and if Trustor, prior to such specified date, does pay such tax and agrees in writing to pay any such tax when thereafter levied or assessed and does pay such tax when actually levied or assessed. 3.06 Marshalling of Assets. Trustor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights to require a marshalling of assets by Trustee or Beneficiary or to require Trustee or Beneficiary to first resort to the sale of any portion of the Premises which might have been retained by Trustor before foreclosing upon and selling any other portion as may be conveyed by Trustor subject to this Deed of Trust. 3.07 Partial Release. Without affecting the liability of any other person for the payment of any indebtedness herein mentioned (including Trustor should it convey said Premises) and without affecting the lien or priority hereof upon any property not released, Beneficiary may, without notice, release any person so liable, extend the maturity or modify the terms of any such obligation, or grant such indulgences, release or reconvey or cause to be released or reconveyed at any time all or any part of the Premises herein, take or release any other security or make compositions or other arrangements with debtors. Beneficiary may also accept additional security, either concurrently herewith or hereafter, and sell same or otherwise realize thereon either before, concurrently with, or after sale hereunder. 3.08 Non - Waiver. By accepting payment of any sum secured hereby after its due date or late performance of any indebtedness secured hereby, Beneficiary shall not waive its right against any person obligated directly or indirectly hereunder or on any indebtedness hereby secured, either to require prompt payment when due of all other sums so secured or to declare default for failure to make such prompt payment. No exercise of any right or remedy by Trustee or Beneficiary hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any default or acquiescence therein. -20-