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9.8 Powers of Bank and Trustee. 200804831 (a) Trustee shall have no obligation to perform any act which it is empowered to perform under this Deed of Trust unless it is requested to do so in writing and is reasonably indemnified against loss, cost, liability and expense. (b) If either Bank or Trustee performs any act which it is empowered or authorized to perform under this Deed of Trust, that act alone shall not release or change the personal liability of any person for the payment and performance of the Secured Obligations then outstanding, or the lien of this Deed of Trust on all or the remainder of the Property for full payment and performance of all outstanding Secured Obligations. The liability of the original Borrower shall not be released or changed if Bank grants any successor in interest to Borrower any extension of time for payment, or modification of the terms of payment, of any Secured Obligation. Bank shall not be required to comply with any demand by the original Borrower that Bank refuse to grant such an extension or modification to, or commence proceedings against, any such successor in interest. (c) Bank may take any of the actions permitted hereunder regardless of the adequacy of the security for the Secured Obligations, or whether any or all of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell has been given under this Deed of Trust. (d) From time to time, Bank or Trustee may apply to any court of competent jurisdiction for aid and direction in executing the trust and enforcing the rights and remedies created under this Deed of Trust. Bank or Trustee may from time to time obtain orders or decrees directing, confirming or approving acts in executing this trust and enforcing such rights and remedies. 9.9 Request for Notice. Borrower, on behalf of Borrower and Bank, hereby requests that a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in Section 9.13. 9.10 Modifications. This Deed of Trust may not be changed or terminated except in writing signed by both parties. The provisions of this Deed of Trust shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the other Loan Documents, and any and all references herein to the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof. 9.11 Preservation of Liability and Prioritv. Without affecting the liability of Borrower or of any other person (except a person expressly released in writing) for payment and performance of all of the Secured Obligations, and without affecting the rights of Bank with respect to any security not expressly released in writing, and without impairing in any way the priority of this Deed of Trust over the interests of any person acquired or first evidenced by recording subsequent to the recording hereof, Bank may, either before or after the maturity of the Note, and without notice or consent: (a) release any person liable for payment or performance of all or any part of the Secured Obligations; (b) make any agreement altering the terms of payment 103209-60617 -957802v5 23 us Bank I Riverbend Apartments Phase I Deed of Trust