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occurrence of a default, and the right to proceed with a 1 sale under any notice of default, and election to sell, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such notice. Consent by Beneficiary to any transaction or action of Trustor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive transactions or actions. 22. RECUN47EYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such rec(,nveyance of any matters or facts shall be conclusive proof of the truthfulness therecf. The grantee in any econveyance may be described as "the person or person legally entitled thereto." 23. LIMITATION to the contrary herein , LIABILITY. n r eveNotwithstanding t efaul tan anything payment of this Note by Trustor, or any default under the Deed of Trust, Beneficiary's sole recourse shall be against the Property described in the Deed of Trust, and Beneficiary shall not be entitled to recover any deficiency judgment against Trustor or any of its General Partners or any limited partners with a hereinafter acquired interest in the property if the foreclosure or recovery of such property is not sufficient to pay the amount owed by Trustor. Notwithstanding the foregoing limitation of liability for principal and interest on said Note, Trustor shall be fully liable for the following matters: (a) for fraud or misrepresetaation made in or in connection with the Note or any instrument governing, securing or pertaining to the Payment hereof-; ;b) for failure to pay taxes, assessments, charges for labor or materials or any other charges which can create liens on any portion of the property; (c) for the misapplication of (i) the proceeds of insurance covering any portion of tcit pfaperty, or (i_ii Yr<<Lttes of the sale or condemnation of any portion of the property, or (iii) rentals received by or on behalf of Trustor subsequent to the date on which Beneficiary gives written notice of the Posting of foreclosure notices; (d) for the return to Payee Of all unearned advance rentals and security deposits paid by tenants of the property and not refunded to or forfei.tea by such tenants; and (e) for the return: of, or reimbursement for all personalty taken from the property by or on behalf of Trustor. 24. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to gve or serve any notice, demand, request or Other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same delivered by personal service or mailed by certified mail, Postage prepaid, addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any tizae change its address for such notices by deliverin6 or enailint, to the other parties to this n;;trument, a notice of sucli change. 25. ACCEPTANCE, BY TRUSTEE. to }% @rf 02"tii Uil ez 1.,G ruJt w "1 L'Tl executed and ac•ki1c,wledg.,d, i� provided by law. !I Lib C.N_e aC LePL.:- Cana 'Ali.s Deed Of "'.ust,