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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 <br />DOCS/1045495.1 1 g <br />