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201005559
<br />TERMS OF THIS, DEED OF TRUST OR "T'TTF, CREDIT AGREEMEN'T'S; (C) OWNERSHIP
<br />OF THE '1 RUST ESTATE OR ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS;
<br />(D) ANY ACCIDENT, INJURY TO OR DEATH OF PERSONS OR LOSS OF OR DAMAGE
<br />TO PROPER`T'Y OCCURRING IN, ON OR ABOUT THE TRUST ESTATE, OR ANY PART
<br />THEREOF, OR ON THE ADJOINING SIDEWALKS, CURBS, ADJACENT, PARKING
<br />AREAS, STRF,F.,TS OR WAYS; (E) ANY USE, NONUSE OR CONDI'1"ION 1N, ON OR
<br />ABOUT TI-IE TRUST ESTATE OR ANY PART THEREOF, OR ON '1 HE ADJOINING
<br />SIDEWALKS; CURBS, ADJACENT PARKING AREAS, STREETS OR WAYS; OR (F)
<br />PERFORMANCE OF ANY LABOR OR SERVICES OR THE FURNISI~ING OF ANY
<br />MATERIALS UR O"1'IIER PROPERTY IN RESPEC"l' OF `I'I-Il 'T'RUST ESTATE OR ANY
<br />PART THEREOF, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY 'T'HE
<br />NEGLIGENT AC'T'S OR OMISSIONS OF THE BENEFICIARY OR INDIVIDUALS OR
<br />ENTITIES AC'I"ING AS THE AGENTS OR EMPLOYEES OF BENEFICIARY.
<br />NOTWITI-IS'I'ANDING ANY PROVISION 'I'O TI-IF CONTRARY SET FORTH IN THIS
<br />PARAGRAPH, SUCH INDEMNITY SMALL NOT APPLY WITH RESPECT TU
<br />LIABILITIES, OBLIGATIONS,' CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION,
<br />COSTS AND EXPENSES BASED SOLELY ON FACTS OR CIRCUMSTANCES
<br />OCCURRING ONIaY SUBSEQUENT TO SUCI•I '1"IME, IF ANY, WI-TICH BENEFICIARY
<br />SHALL BECOME THE OWNER OF THE TRUST ESTATE BY WAY OF FORECLOSURE
<br />OF THE LIEN OF 'TIiIS llll~;I7 OF TRUST, DEED IN LIEU OF SUCH FORECLOSURE, OR
<br />OTHERWISE. ANY AMOUNT PAYABLI "I'O I3F;NEFICIARY BY REASON Oli 'T'HE
<br />APPLICATION OH '1"I-ITS PARAGRAPH SHALL BECOME IMMEDIATELY DUE AND
<br />PAYABLE UPON DEMAND BY BENEFICIARY, ANU SIIALL BEAR 1N"I'ERIS'f' A'T' 'T'HE
<br />INTEREST RATE SPECIFIED IN SECTTpN 3.09 ABOVE, FROM TIIE DATE. OF SUCH
<br />DEMAND. THE OBLIGA`I"IONS OF GRANTOR UNDER THIS PARAGRAPH SHAI,I,
<br />SURVIVE ANY TERMINATION OR SA"I'TSFACTTON OF 'I'IITS DEED OF TRUS'T'.
<br />Section 8.U9. Estoppel Certificate. The Crrantor agrees at any time and from time to
<br />time, upon not less than 15 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 thrs Deed of Trusi is unmodified (ar 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 of default or notice of acceleration or 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 to 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 or offsets against the Beneficiary (ar 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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