20�104912
<br />Section 6.13 Invalidity of Certain Provisions. A determination that any provision of this Deed of
<br />Trust is unenforceable or invalid shall not afFect the enforceability or validity of any other provision, and the
<br />determinarion that the application of any provision of this Deed of Trust to any person or circumstance is illegal or
<br />unenforceable shall not affect the enforceability or validity of such provision as it may apply to other persons or
<br />circumstances.
<br />Section 6.14 Gender; Titles; Construction. Within this Deed of Trust, words of any gender shall be
<br />held and construed to include any other gender, and words in the singulaz number shall be held and construed to
<br />include the plural, unless the conte�ct otherwise requires. Titles appearing at the beginning of any subdivisions hereof
<br />are for convenience only, do not constitute any part of such subdivisions, and shall be disregarded in construing the
<br />language contained in such subdivisions. The use of the words "herein," "hereof," "hereunder" and other similar
<br />compounds of the word "here" shall refer to this entire Deed of Trust and not to any particular Article, Section,
<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 parinerships), joint ventures, trusts, corporations, limited liability
<br />companies, and other legal entities, including public or governmental bodies, agencies or instrumentalities, as well
<br />as natural persons.
<br />Section 6.15 Reporting Compliance. Trustor agrees to comply with any and all reporting
<br />requirements applicable to the transactions secured by this Deed of Trust which are set forth in any law, statute,
<br />ordinance, rule, regulation, order 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 Bene�ciary's Consent. Except where otherwise e�cpressly 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 />discrerion 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 judgment in any particular manner, regazdless of the reasonableness of either
<br />the request or Beneficiary's judgment, and (ii) no approval or consent 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 obligarions 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, pa.rtnership or other legal entity, Trustor and any such signatory, and the person or persons signing for
<br />it, represent and wamant to Beneficiary that this instrument is executed, acknowledged and delivered by Trustor's
<br />duly authorized representatives. If Trustor is an individual, no power of attomey granted by Trustor herein sha11
<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 inure 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 a11 such heirs, devisees, representatives,
<br />successors and assigns of Trustor.
<br />Section 6.19 Modification or Termination. The Credit Documents may only be modified or
<br />terminated by a written instrument or instruments intended for that purpose and executed by the party against which
<br />enforcement of the modification or termination is asserted. Any alleged modification or termination which is not so
<br />documented sha11 not be effective as to any pariy.
<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 Credit Documents is intended to create any partnership, joint venture, associarion 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
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