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201108090 Appointment of a successor Agent pursuant to the Agency Documents shall also constitute appointment of a successor Agent under this Deed of Trust. Upon the acceptance of any appointment as Agent by a successor Agent under the Agency Documents, that successor Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Agent as the Beneficiary under this Deed of Trust, and the retiring or removed Agent shall promptly (i) assign and transfer ta such successor Agent all of its right, title and interest in and to this Deed of Trust and the Mortgaged Property, and (ii) execute and deliver to such successor Agent such assignments and amendments and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Agent of the liens and security interests created hereunder, whereupon such retiring or removed Agent shall be discharged from its duties and obligations under this Deed of Trust. After any retiring or removed Agent's resignation or removal hereunder as Agent, the provisions of this Deed of Trust and the Agency Documents shall inure to its benefit as to any actions taken or omitted to be taken by it under this Deed of Trust while it was Agent hereunder. Section 9.14 Bifurcation of Deed of Trust. Beneficiary reserves the right, subject to the terms of the Intercreditor Agreement, to sever and split this Deed of Trust into two separate mortgages, each in a principal amount as determined by Beneficiary and providing for such subordination or intercreditor arrangements as between such split mortgages as Beneficiary shall elect. Subject to the terms of the Intercreditor Agreement, Beneficiary shall have the right to allocate the security provided by this Deed of Trust between such severed and split mortgages in their sole and absolute discretion. In connection with any such severance and splitting of this Deed of Trust, conforming changes shall be made to the Loan Documents as required to reflect such severance and splitting. Grantor shall cooperate in any such severance and splitting of this Deed of Trust, including by entering into such amendments, modifications or new documentation as reasonably required by Beneficiary to effectuate the same. Section 9.15 Subrogation. If any or all of the proceeds of the Indebtedness are used to extinguish, extend or renew any indebtedness heretofore existing against the Mortgaged Property,then, to the extent of the funds so used, Beneficiary and the other Secured Parties shall be subrogated to all of the rights, claims, liens,titles, and interests existing against the Mortgaged Property heretofore held by,or in favor of, the holder of such indebtedness and such former rights, claims, liens, titles, and interests, if any, are not waived but rather are continued in full force and effect in favor of Beneficiary and the other Secured Parties and are merged with the lien and security interest created herein as cumulative security for the repayment of the Indebtedness and the performance of the Obligations. ARTICLE 10 [IntentionaCly OmittedJ ARTICLE 11 INTERCREDITOR AGREEMENT Notwithstanding anything contained herein to the contrary,the liens and security interests granted to Beneficiary for the benefit of the Secured Parties pursuant to this Deed of Trust and the exercise of any right or remedy by Beneficiary and/or Agent for the benefit of the Secured Parties hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Deed of Trust, the terms of the Intercreditor Agreement shall govern and control. [The remainder of this page has been intentionally left blankj 11