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<br />corded treatment substantially equivalent to that which Administrative Agent, in its individual capacity,
<br />accords its own property consisting of similar instruments or interests, it being understood that neither-
<br />Administrative Agent nor any of the Secured Parties shall have responsibility for taking any necessary
<br />steps to preserve rights against any Person with respect to any Mortgaged Property.
<br />(c) Administrative Agent shall be entitled to rely upon any written notice, statement,
<br />certificate, order, or other document or any telephone message reasonably believed by it to be genuine and
<br />correct and to have been signed, sent or made by die proper person, and, with respect to all matters per-
<br />taining to this Deed of Trust and its duties hereunder, upon advice of counsel selected by it.
<br />(d) If' any part of the Mortgaged Property also constitutes collateral granted to Ad-
<br />ministrative Agent under- any other deed of trust, mortgage, security agreement, pledge or instrument of
<br />any type, in the event of any conflict between the provisions hereof and the provisions of such other deed
<br />of trust, mortgage, security agreement, pledge or instrument of any type in respect of such collateral, Ad-
<br />ministrative Agent, in its sole discretion, shall select which provision or provisions shall control.
<br />(e) Administrative Agent may rely on advice of counsel as to whether any or all
<br />UCC financing statements of Grantor need to be amended as a result of any of the changes described in
<br />Section 7 2 If' Grantor fails to provide information to Administrative Agent about such changes on a
<br />timely basis, Administrative Agent shall not be liable or responsible to any party tot any failure to main-
<br />tain a perfected security interest in Grantor's property constituting Mortgaged Property for which Admin-
<br />istrative Agent needed to have information relating to such changes, Administrative Agent shall have no
<br />duty to inquire about such changes if Grantor does not inform Administrative Agent of such changes, the
<br />parties acknowledging and agreeing that it would not be feasible or practical for Administrative Agent to
<br />search for information on such changes if such inf'otmation is not provided by Grantor.
<br />Section 9.16 Continuing Security Interest; Assignment. This Deed of Trust shall
<br />create a continuing Lien on and security interest in the Mortgaged Property and shall (1) be binding upon
<br />Grantor, its successors and assigns and (ii) inure, together with the rights and remedies of Administrative
<br />Agent hereunder, to the benefit of Administrative Agent and the other Secured Parties and each of their
<br />respective successors, transferees and assigns. No other persons (including any other creditor of Grantor)
<br />shall have any interest herein or any right or benefit with respect hereto Without limiting the generality
<br />of the foregoing clause (ii), any Secured Party may assign or otherwise transfer any indebtedness held by
<br />it secured by this Deed of Trust to any other person, and such other person shall thereupon become vested
<br />with all the benefits in respect thereof granted to such Secured Party, herein or otherwise, subject how-
<br />ever, to the provisions of the Credit Agreement and, in the case of a Secured Party that is a party to a Se-
<br />cured Hedge Obligation or a Cash Management Obligation, such Secured Hedge Obligation of Cash
<br />Management Obligation, as applicable. Grantor agrees that its obligations hereunder and the lien and se-
<br />entity interest created hereunder shall continue to be ef'f'ective or be reinstated, as applicable, if' at any
<br />time payment, or any part thereof', of all or any part of the Secured Obligations is rescinded or must oth-
<br />erwise be restored by the Secured Party upon the bankruptcy or reorganization of Grantor or otherwise.
<br />Section 9.17 Modification in Writing. No amendment, modification, supplement,
<br />termination or waiver of or to any provision hereof, nor, consent to any departure by Grantor therefrom,
<br />shall be effective unless the same shall be made in accordance with the terms of the Credit Agreement and
<br />unless in writing and signed by Administrative Agent. Any amendment, modification or supplement of or,
<br />to any provision hereof, any waiver of any provision hereof' and any consent to any departure by Grantor
<br />from the terms of any provision hereof in each case shall be effective only in the specific instance and for
<br />the specific purpose for which made or given Except where notice is specifically required by this Deed
<br />of Trust or any other document evidencing the Secured Obligations, no notice to or demand on Grantor in
<br />any case shall entitle Grantor, to any other or further notice or demand in similar or other circumstances.
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