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200802659 3.5 Estoppel Certificates; Instruments of Further Assurance. The Borrower will deliver to the Secured Party within ten days after any request a duly acknowledged (1) certificate of the Borrower setting forth the amount of principal and interest due and payable on the Note and whether any offsets or defenses exist with respect to this Deed of Trust or the debt secured hereby, and (2) certificate of any person having or acquiring an interest in or encumbrance on all or any part of the Property setting forth the nature and extent of the interest and stating that the interest is subordinate to this Deed of Trust and whether any offsets or defenses exist with respect to this Deed of Trust or the debt secured hereby and (3) lease ratification and estoppel agreement with respect to any lease of the Property, executed by the Borrower and the lessee thereunder, indicating the date the original lease term commenced, and to the effect, if such be the case, that the lease is in full force and effect and no default exists thereunder, that the lessee is in possession of that portion of the Property subject to the lease, and that no rental payments have been made more than 30 days in advance except with the Secured Party's approval. All such documentation required under (I) and (2) shall be delivered to Secured Party within 10 days after any request and any such request made under (3) shall be so delivered within 30 days of any such request. 3.6 Releases: Resort to Other Security. Etc. Without affecting the liability of any party liable for payment of any indebtedness secured hereby or performance of any obligation contained herein, and without affecting the rights of the Secured Party with respect to any security not expressly released in writing, the Secured Party may, at any time, and without notice to or the consent of the Borrower or any party in interest with the Property or the Note (a) release any party liable for payment of all or any part of the indebtedness secured hereby or for performance of any obligation herein; (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness secured hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) accept any additional security; (d) release or otherwise deal with any property, real or personal, including any or all of the Property, including making partial releases of the Property; or (e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust anyone or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine. 3.7 Waiver of Laws. Borrower waives the benefit of all laws now existing or that hereafter may be enacted providing for (a) any appraisement before sale of any portion of the Property, and (b) the benefit of all laws that may be hereafter enacted in any way extending the time for the enforcement of the collection of the Note or the debt evidenced thereby or creating or extending beyond any statutory time a period of redemption from any sale made in collecting said debt. To the full extent Borrower may do so, Borrower agrees that Borrower will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, extension or redemption, and Borrower, for Borrower, and its representatives, successors and assigns, and for any and all persons ever claiming any interest in the Property, to the extent permitted by law, hereby waives and releases all rights of redemption valuation, appraisement, stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and marshaling in the event of foreclosure of the liens hereby created. If any law referred to in this Section and now in force, of which Borrower and its successors and assigns or other person may take advantage despite this Section, 16 AM 157:0AM57:667038:5:LOUISYILLE 3120/08