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201009345 �bligation. None of the foregoing actions shall rele�se or reduce the personal liability of any Interested Party, nor release or impair the priority of the lien of this Deed af Trust upon the Real Praperty. 4.16 Reconveyanr�. Upon E3eneficiary's written request, and solely to the extent required by applicable law upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured Obligations to Trustee for cancellatian, Trustee shall reconvey, without warranty, the Real Proper#y, or that portion thereof then covered hereby, from the lien of this Deed of Trust. 'The recitals of any matters or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. To the extent permitted by law, the reconveyance may describe the grantee as "the person or persons legally entitled thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. When the Real Property has been fully reconv�yed, the last such reconveyance shall operate as a reassignment of all future Rents to the person or persons legally entitled thereto. Upon Beneficiary's demand, Trustor shall pay all costs and expenses incurred by Beneficiary in connection with any reconveyance. a.17 �L4�ati��l. Beneficiary shall be subrogatEd to the lien of all encumbrances, whether or not released af record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any Secured �bligatian. a.18 Trustor Different F. rom _Q.�lig�r_�Third Party Trustor"�. As used in this Section, the term "Obligor" shall mean each person or entity obligated in any manner under any of the Secured Obligations; and the term "Third Party Trustor" shall mean (1) each person or entity included in the definitian of Trustor herein and which is not an Obligor under all of the Secured Obligations, and (2) each person or entity included in the definition of'Trustor herein if any Obligor is not included in said definition. (a) Representation�.�n�,W rr n i . Each Third Party Trustor represents and warrants to Beneficiary that: (i) this Deed of Trust is executed at an Obligor's request; (ii) this Deed of Trust complies with all agreements between each Third Party Trustor and any Obligor regarding such Third Party Trustor's executidn hereof; (iii) Beneficiary has made no representation to any Third Party Trustor as to the creditworthiness of any Obligor; and (iv) each Third Party Trustor has established adequate means of obtaining from each Oblignr pn a continuing basis financial and other information perkaining to such Obligor's financial condition. �ach Third Party Trustor agrees to keep adequately informed from such means of any facts, events ar circumstances which might in any way affect such Third Party Trustor's risks hereunder. Each Third Party Trustor further agr�es that Beneficiary shall have no obligation to disclose to any Third Party Trustor any information or material about any Obligor which is acquired by Beneficiary in any manner. The liability of each Third Party Trustor hereunder shall be reinstated and revived, and the rights of Beneficiary shall continue if and to the extent that for any reason any amount at any time paid on account of any Secured Obligation is rescinded ar must otherwise be restored by Beneficiary, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restnred shall be made by Beneficiary in its sole discretion; provided however, that if Beneficiary chooses to contest any such matter at the request of any Third Party Trustor, each Third Party Trustor agrees to indemnify and hold Beneficiary harmless from and against all costs and expenses, including reasonable attorneys' fees, expended or incurred by Beneficiary in connectian therewith, including without limitation, in any li#igation with respect thereto. (b) Waivers. (i) Each Third PaRy 7rustor waives any right to require 8eneficiary to: (A) proceed against any Obligor or any other persan; (B) marshal assets or proceed against or exhaust any security held from any Obligor ar any ather person; (C) give natice of the terms, time and place of any public or private sale or other DeedOfTrust-NE Job 1550608450-131tl239189 Loan Vers.1 12/03l2010 Page 10 of 19