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20��049�4 <br />`:ji, <br />paragraph or provision. The term "person" and words importing persons as used in this Deed of Trust shall include <br />firms, associations, partnerships (including limited partnerships), joint ventures, trusts, corporations, limited liability <br />companies, and other legal entities, including public or governmental bodies, agencies or instrument�zlities, as well <br />as natural persons. <br />Section 6.15 Reporting Compliance. Trustor agrees to comply with any and all reporting <br />requirements applicable t� the transactions secured by this Deed of Trust which are set forth in any law, statute, <br />ordinance, rule, regulation, �rder or determination of any governmental authority, and further agrees upon written <br />request of Beneficiary to furnish Beneficiary with evidence of such compliance. <br />Section 6.16 Beneficiary's Consent. Except where otherwise expressly provided herein, in any <br />instance hereunder where the approval, consent or the exercise of judgment of Beneficiary is required or requested, <br />(i) the granting or denial of such approval or consent and the exercise of such judgment shall be within the sole <br />discretion of Beneficiary,: and Beneficiary shall not, for any reason or to any extent, be required to grant such <br />approval or consent or exercise such judgnent in any particular manner, regardless of the reasonableness of either <br />the rec�uest or Beneficiary's judgment, and (ii) no approval or eonsent of Beneficiary shall be deemed to have been <br />given except by a specific writing intended for the purpose and executed by an authorized representative of <br />Beneficiary. <br />Section 6.17 Trustor. Unless the context clearly indicates otherwise, as used in this Deed of Trust, <br />"Trustor" means the Trustor named in the appearance clause of this Deed of Trust or any of them. The obligations of <br />Trustor hereunder shall be joint and several. If any Trustor, or any signatory who signs on behalf of any Trustor, is a <br />corporation, partnership o� other legal entity, Trustor and any such signatory, and the person or persons signing for <br />it, represent and warrant to Beneficiary that this instrument is executed, acknowledged and delivered by Trustor's <br />duly authorized representa.tives. If Trustor is an individual, no power of attorney granted �y Trustcrr herein shall <br />terminate on Trustor's disability. <br />Section 6.18 Successors and Assigns. The terms, provisions, covenants and conditions hereof shall be <br />binding upon Trustor, and the heirs, devisees, representatives, successors and assigns of Trustor, and shall inwe to <br />the benefit of the Beneficiary, its successors and assigns, and shall constitute covenants running with the Land. All <br />references in this Deed of Trust to Trustor shall be deemed to include all such heirs, devisees, representatives, <br />successors and assigns of Trustor. <br />Section 6.19 Modi�cation or Termination. The Loan Documents may only be modified or <br />terminated by a written instrument or instruments intended for that purpose and executed by the pariy against which <br />enforcement of the modification or termination is asserted. Any alleged modification or termination which is not so <br />documented shall not be effective as to any party. <br />Section 6.20 No Partnership, etc. The relationship between Beneficiary and Trustor is solely that of <br />Beneficiary and Trustor. Beneficiary has no fiduciary or other special relationship with Trustor. Nothing contained <br />in the Loan Documents is intended to create any partnership, joint venture, association or special relationship <br />between �Trustor and Beneficiary or in any way make Beneficiary a co-principal with Trustor with reference to the <br />Mortgaged Property. All agreed contractual duties between or among Beneficiary and Trustor are set forth herein <br />and in the other Loan Dacuments and any additional implied covenants or duties are hereby disclaimed. Any <br />inferences to the contrary of any of the foregoing are hereby expressly negated. <br />Section 6.21 Power of Attorney. Trustor hereby appoints Beneficiary as its attorney-in-fact and upon <br />any default hereur�der aut�orizes Beneficiary to endorse Trustor's name on all instruments and other documents <br />pertaining to the Obligations. In addition, Beneficiary shall be entitled, but not reyuired, to perform any action or <br />execute any document required to be taken or executed by Trustor under this Deed of Trust. Beneficiary's <br />performance of such action or execution of such documents shall not relieve Trustor from any Obligation or cure <br />any default under this Deed of Trust. The powers of attorney described in this action are coupled with an interest and <br />are irrevocable. <br />Section 6.22 Collection Costs. If Beneficiary hires an attorney to assist in collecting any amount due <br />or enforcing any right or remedy under this Deed of Trust, Trustor agrees to pay Beneficiary's reasonable attorney <br />fees and collection costs, including, but not limited to, costs incurred for copying, title reports, surveys, title abstract <br />and all other costs incurre� by Beneficiary in collecting the debt. <br />1� <br />