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�0��04914 Section 7.3 Actions by Trustee. At any time, or from time to time, without liability therefor and without notice, upon writtei� request of Beneficiary and presentation of this Deed of Trust and the Notes for endorsement, and without affecting the personal liability of any person for payment of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may take such actions as Beneficiary may request and which are permitted by this Deed of Trust or by applicable law. Section 7.4 Substitution of Trustee. Beneficiary has the power and shall be entitled, at any time and from time to time, in its sole discretion and without cause, to remove Trustee or any successor trustee and to substitute and appoint another trustee or trustees (either corporate or individual) in the place and stead of Trustee or any successor trustee, by written instrument duly executed and recorded in the Office of the county recorder of the county or counties where the Mortgaged Property is situated, which instrument shall be conclusive proof of the proper substitution and appointment of such successor trustee or trustees, who shall have all the rights, title, estate, powers, duties and privileges of the predecessor trustee, without the necessity of any conveyance from such predecessor. Section 7.5 VO�aiver of Jury Trial. TO THE FULLEST EXTENT PERMIT"TED BY LAW, BORROWER AND LENDER HEREBY WAIVE THEIR RESPECTIVE RIGHT TO TRIAL BY NRY IN ANY ACTION, PROCEEDING AND/OR HEARINr ON ANY MATTER WHATSOEVER ARISING OLTT OF, OR IN ANY WAY CONNECTED WITH, THE NOTE, THIS DEED OF TRUST OR ANY OF THE LOAN DOCUMENTS, OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, S�'ATUTE, OR REGULATION. NEITHrR PARTY WILL SEEK TU CONSOLIDATE ANY SUCH AC'TION IN WHICH A NRY HAS BEEN WAIVED, WITH ANY OTI-IER ACTION IN WHICH A NRY '�RIAL CANNOT OR HAS NOT BEEN WAIVED. EACH PARTY HAS RECEIVED THE ADVICE OF COUNSEL WI'�H RESPECT TO THIS WAIVER. Section 7.6 �ntercreditor Agreement. The terms of this Deed of Trust, any lien and security interest granted to the Beneficiary pursuant to this Deed of Trust and the exercise of any right or remedy by the Beneficiary hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any inconsistency between the provisions of this Deed of Trust and the Intercreditor Agreement, the provisions of the Intercreditor Agreement shall supersede the provisions of this Deed of Trust. Section 7.7 Priority. The lien created by this Deed of Trust on the Mortgaged Property is junior and subordinate to the lien on such Mortgaged Property created by,any mortgage, deed of trust or similar instrument now or hereafter granted to the Term Loan Lender (as defined in the Intercreditor Agreement), and its successors and assigns in such Mortgaged Property in accordance with the provisions of the Intercreditor Agreement. [NO FURTHER TEXT ON PAGE] 20