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20�1049�2 <br />Some of the above-described collateral is or is to become fixtures upon the above-described real estate, and <br />this Fixture Filing is to be filed for record in the public real estate records. <br />Section 6.3 Notice to Account Debtors. In addition to the rights granted elsewhere in this Deed of <br />Trust, Beneficiary may at any time notify the account debtors or obligors of any accounts, chattel paper, negotiable <br />instruments or other evidences of indebtedness included in the Collateral to pay Beneficiary directly. <br />Section 6.4 Waiver by Beneficiary. Beneficiary may at any time and from time to time by a specific <br />writing intended for the purpose: (a) wai�e compliance by Trustor with any covenant herein made by Trustor to the <br />extent and in the manner specified in such writing; (b) consent to Trustor's doing any act which hereunder Trustor is <br />prohibited from doing, or to Trustor's failing to do any act which hereunder Trustor is required to do, to the elctent <br />and in the manner specified in such writing; (c) release any part of the Mortgaged Property or any interest therein <br />from the lien and security interest of this Deed of Trust; or (d) release any party liable, either directly or indirectly, <br />for the Obligations or for any covenant herein or in any other Credit Document, without impairing or releasing the <br />liability of any other party. No such act shall in any way afFect the rights or powers of Beneficiary hereunder except <br />to the extent specifically agreed to by Beneficiary in such writing. <br />Section 6.5 No lmpairment of Security. The lien, security interest and other security rights of <br />Beneficiary hereunder or under any other Credit Document sha11 not be impaired by any indulgence, moratorium or <br />release granted by Beneficiary including, but not limited to, any renewal, extension or modificarion which <br />Beneficiary may grant with respect to any Obligations, or any surrender, compromise, release, renewal, extension, <br />exchange or substitution which Beneficiary may grant in respect of the Mortgaged Property, or any part thereof or <br />any interest therein, or any release or indulgence granted to any endorser, guazantor or surety of any Obligations. <br />The taking of addirional security by Beneficiary sha11 not release or impair the lien, security interest or other security <br />lights of Beneficiary hereunder or affect the liability of Trustor or of any endorser, guarantor or surety, or improve <br />the right of any junior lienholder in the Mortgaged Property (without implying hereby Beneficiary's Consent to any <br />junior lien), <br />5ection 6.6 Acts Not Constituting Waiver by Benefciary. Beneficiary may waive any default <br />without waiving any other prior or subsequent default. Beneficiary may remedy any default without waiving the <br />default remedied. Neither failure by Beneficiary to exercise, nor delay by Beneficiary in exercising, nor <br />discontinuance of the exercise of any right, power or remedy (including but not limited to the right to accelerate the <br />maturity of the Obligations or any part thereo fl upon or after any default sha11 be constnzed as a waiver of such <br />default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial <br />exercise by Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other <br />or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from <br />time to time. No modification or waiver of any provision hereof nor consent to any departure by Trustor therefrom <br />shall in any event be effective unless the same sha11 be in writing and signed by Beneficiary and then such waiver or <br />consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein <br />specified. No notice to nor demand on Trustor in any case shall of itself entitle Trustor to any other or further norice <br />or demand in similar or other circumstances. Remittances in payment of any part of the Obligations other than in the <br />required amount in immediately available U.S. funds shall not, regardless of any receipt or credit issued therefor, <br />consritute payment until the required amount is actually received by Beneficiary in immediately available U.S. funds <br />and shall be made and accepted subject to the condition that any check or draft may be handled for collection in <br />accordance with the practice of Beneficiary. Acceptance by Beneficiary of any payment in an acnount less than the <br />amount then due on any Obligation shall be deemed an acceptance on account only and sha11 not in any way excuse <br />the existence of a default hereunder. <br />Section 6.7 Trustor's Successors. If the ownership of the Mortgaged Property or any part thereof <br />becomes vested in a person other than Trustor, Beneficiary may, without norice to Trustor, deal with such successor <br />or successors in interest with reference to this Deed of Trust and to the Obligations in the same manner as with <br />Tr�stor, without in any way vitiating or discharging Trustor's liability hereunder or for the payment or performance <br />of the Obligations. No transfer of the Mortgaged Property, except to Beneficiary when expressly agreed to, no <br />forbearance on the part of Beneficiary, and no extension of the time for the payment of the Obligations given by <br />Beneficiary sha11 operate to release, discharge, modify, change or affect, in whole or in part, the liability of Trustor <br />DOCS/1045495.1 16 <br />