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200804918 one (1) day after the sending thereof by overnight carrier, and on the same day as the sending of a facsimile pursuant to the terms hereof. 10.7 Buildinl! Use. During the entire term of the Note and this Deed of Trust, Mortgagor agrees not to convert the Premises to any use other than as it is being used on the date hereof. In that connection, Mortgagor covenants that any other non-conforming use of the Premises shall constitute an Event of Default hereunder. 10.8 AmendmentIModification. Amendment to, waiver of or modification of any provision of this Deed of Trust must be made in writing. No oral waiver, amendment, or modification may be implied. 10.9 Reoresentations ofMortl!al!or. Mortgagor afftrmatively represents and warrants that the written terms of the Note, this Deed of Trust and the other Loan Documents, and each of them, accurately reflect the mutual understanding of Mortgagor and Mortgagee, as to all matters addressed therein, and Mortgagor further represents and warrants that there are no other agreements or understandings, written or oral, which exist between Mortgagor and Mortgagee relating to the matters addressed in said documents. 10.10 Mortl!agee's Expense. Should Mortgagee make any payments hereunder or under the Note or under any other Loan Documents or incur any liability, loss or damage under or by reason of this Deed of Trust, the Note or any other Loan Documents, or in the defense of any claims or demands, the amount thereof, and all costs and expenses, including all filing, recording, and title fees and any other expenses relating to the Indebtedness, including without limitation filing fees for uee continuation statements and any expense involving modification thereto, attorneys' fees, and any and all costs and expenses incurred in connection with making, performing, or collecting the Indebtedness or exercising any of Mortgagee's rights under the Note, this Deed of Trust or any other Loan Documents, including attorneys' fees, the cost of appraisals and the cost of any environmental inspections in connection therewith, and all claims for brokerage and finder's fees which may be made in connection with the making of the loan, together with interest thereon, at the Default Rate as defined in the Note, shall become part of the Indebtedness and shall be secured by this Deed of Trust and the other Loan Documents and Mortgagor hereby agrees to reimburse Mortgagee therefor immediately upon demand. Such sums, costs and expenses shall be, until so paid, part of the Indebtedness and Mortgagee shall be entitled, to the extent permitted by law, to receive and retain the full amount of the Indebtedness in any action for redemption by Mortgagor, for an accounting for the proceeds of a foreclosure sale or of insurance proceeds or for apportionment of an eminent domain damage award. 10.11 Mortgagee's Right to Counsel. 30 Doc# 2675364\2 .~._.