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20090'7310 LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES BASED SOLELY ON FACTS OR CIRCUMSTANCES OCCURRING ONLY SUBSEQUENT TO SUCH TIME, IF ANY, WHICH BENEFICIARY SHALL BECOME THE OWNER OF THE TRUST ESTATE BY WAY OF FORECLOSURE OF THE LIEN OF THIS DEED OF TRUST, DEED IN LIEU OF SUCH FORECLOSURE, OR QTHERWISE. ANY AMOUNT PAYABLE TO BENEFICIARY BY REASON OF THE APPLICATION OF THIS PARAGRAPH SHALL BECOME IMMEDIATELY DUE AND PAYABLE UPON DEMAND BY BENEFICIARY, AND SHALL BEAR INTEREST AT THE INTEREST RATE SPECIFIED IN SECTION 3.09 ABOVE, FROM THE DATE OF SUCH DEMAND. THE OBLIGATIONS OF GRANTOR UNDER THIS PARAGRAFH SHALL SURVIVE ANY TERMINATION OR SATISFACTION OF THIS DEED OF TRUST. Section 8.09. Estoppel Certificate. The Grantor agrees at any time and from time to time, upon not less than 15 days' prior notice by the Bene#iciary, to execute, acknowledge and deliver, without charge, to the Beneficiary ar to any person designated by the Beneficiary, a statement in writing certifying that this Deed of Trust is unmodified (ar if there have been modifications, identifying the same by the date thereof and specifying the nature thereof), the principal amount then secured hereby and the unpaid balance of the Obligations, that the Grantor has not received any notice of default ar notice of acceleration ar foreclosure of this Deed of Trust (ar if the Grantor has received such a notice, that it has been revoked, if such be the case), that to the knowledge of the Grantor no Event of Default or Potential Event of Default exists hereunder (or if any such Event of Default or Potential Event of Default does exist, specifying the same and stating that the same has been cured, if such be the case), that the Grantor to its knowledge has no claims or offsets against the Beneficiary (ar if the Grantor has any such claims, specifying the same), and the dates to which the interest and the other sums and charges payable by the Grantor pursuant to the Credit Agreements have been paid. Sectioq 8.t 0. Trustee. (A) Subject to applicable law, the Trustee may resign by an instrument in writing addressed to the Beneficiary, or the `T'rustee may be removed at any time with or without cause by an instrument in writing executed by the Beneficiary. In case of the death, resignation, removal or disqualification of the Trustee or if for any reason the Beneficiary shall deem it desirable to appoint a substitute or successor Trustee, then the Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor Trustee, or a substitute Trustee, without other formality than appointment and designation in writing executed by the Beneficiary, and the authority hereby conferred shall extend to the appointment of other successor and substitute Trustees successively until the Grantor's obligations have been satisfied under Section 7.02 hereof or until the Trust Estate is sold hereunder. Such appointment and designation by the Beneficiary shall be full evidence of the right and authority to make the same and all facts therein recited. All references herein shall be deemed to refer to the Trustee (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunder. Except as otherwise required by applicable law, the Trustee shall not perform any act ar omit to act hereunder unless, prior to such act or omission, the Beneficiary delivers to the Trustee direction to so act or omit to act. The Grantor hereby ratifies and confirms any and all acts which the Trustee herein Warned or its successor or successors, substitute ar substitutes, in this trust, 22