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201005525
<br />TERMS OF 'PHIS DEED OF TRUST OR Ti-iE CREDIT AGREEMENTS; (C) OWNERSHIP
<br />OF TI~iE TRUST ESTATE OR ANY TN"I`EREST THEREIN OR RECEIPT OF ANY RENTS;
<br />(D) ANY ACCIDENT, INJURY TO OR DEA'fl-1 OF PERSONS OR LOSS OF OR DAMAGE
<br />TO PROPERTY OCCURRING TN, ON OR ABOUT T13E TRUST ESTATE, OR ANY PART
<br />THEREOF, OR ON THE ADJOINING SIDEWALKS, CURBS, ADJACENT PARKING
<br />AREAS, STREETS OR WAYS; (E) ANY USE, NONUSE OR CONDITION TN, ON OR
<br />ABOUT THE TRUST ESTATE OR ANY PART 'THEREOF, OR ON THE ADJOINING
<br />SIDEWALKS, CURBS, ADJACENT PARKING AREAS, ,STREETS OR WAYS; UR (F)
<br />PERFORMANCE OF ANY LABOR OR SERVICES OR THE FURNISHING OF ANY
<br />MATERIALS OR OTHER PROPERTY IN RESPECT OF 'THE TRUST ESTATE OR ANY
<br />PAR1` 'THEREOF, WHETHER OR NOT CAUSED IN WHOLE OR iN PART BY THE
<br />NEGLIGENT ACTS OR OMISSIONS OF "I'HE BENEFICIARY OR iNl)IVIUUALS UR
<br />EN1'1T1ES ACTING AS THF, AGENTS OR EMPLOYEES OF BENEFICIARY.
<br />NUTWl1'HSTANDING ANY PROVISION TO THE CONTRARY SET FORTH IN '1'I~IS
<br />PARAGRAPH, SUCH INDEMNITY SHALL NOT APPLY WITH RESPECT TO
<br />LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION,
<br />COSTS AND EXPENSES BASI-1U SOLELY ON PACTS OR CIKCUMS'I'ANCES
<br />OCCURRING QNLY SUBSEQUENT TO SUCH TIME, IF ANY, WHICH BENEFICIARY
<br />SHALL BECOME "f1~E OWNER OF THE TRUST ESTATE BY WAY OF FORECLOSURE
<br />OF THE LIEN OF TII1S DEED Ol' TRUS"1', DEED 1N LIEiJ OF SUCii FORECLOSURE, OR
<br />OTHERWISE. ANY AMOUN'T' PAYABLE "1'O BENEFICIARY BY REASON OF THE
<br />APPLICATION OF THIS PARAGRAPH SHALL BECOME IMMEDIATELY DUF, AND
<br />PAYABLE UPON DEMAND BY BENEFICIARY, AND SHALIa BEAR INTEREST AT THE
<br />INTEREST RATE 'SPECIFIED IN SECTION 3.09 ABOVE, FROM THIS; llATE OF SUCH
<br />DEMAND. "THE OBLIGATIONS OF GRANTOR UNDER THIS PARAGRAPE~I SHALL
<br />SURVIVE ANY 'TERMINATION UR SATISFACTION OF THIS DEED OF TRUST.
<br />Section $.09. Estoppel Certificate. The Grantor agrees at any time and from time to,
<br />time, upon not less than 1 S days' prior notice by the Beneficiary, to execute, acknowledge and
<br />deliver, without charge, to the Beneficiary or to any person designated by the Beneficiary, a
<br />statement in writing certifying that this Deed of Trust is unmodified (or if there have been
<br />modifications, identifying the same by the date thereof and specifying the nature thereof), the
<br />principal amount then secured hereby and. the unpaid balance of the Obligations, that the Grantor
<br />has not received any notice oi' default or notice of acceleration ar Foreclosure of this Deed of
<br />Trust (or if the Grantor has received such a notice, that it has been revoked, if such be the case),
<br />that Co the knowledge of the Grantor no Event of Default or Potential Event of Default exists
<br />hereunder (or if any such Event of Default or Potential Event of Default does exist, specifying the
<br />same and stating that the same has been cured, if such be the case), that the Grantor to its
<br />knowledge has no claims ar offsets against the Beneficiary (or if the Grantor has any such claims,
<br />specifying the same), and the dates to which the interest and the other sums and charges payable
<br />by the Grantor pursuant to the Credit Agreements have been paid.
<br />Section 8.10. Trustee.
<br />(A) Subject to applicable law, the Trustee may resign by an instrument in
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