OFFICER OF THE BORROWER AS TO WHETHER ALL OF THE RATINGS RELEASE
CONDITIONS ARE SATISFIED.
UPON ANY TERMINATION OF A TRANSACTION LIEN OR RELEASE
OF ANY TRUST PROPERTY, THE BENEFICIARY WILL, AT THE EXPENSE OF
9
TRUSTOR, EXECUTE AND DELIVER TO TRUSTOR SUCH DOCUMENTS AS TRUSTOR SHALL
REASONABLY REQUEST TO EVIDENCE THE TERMINATION OF SUCH TRANSACTION LIEN OR THE
RELEASE OF SUCH TRUST PROPERTY, AS THE CASE MAY BE.
SECTION 7.8
WAIVER OF STAY, MORATORIUM AND SIMILAR RIGHTS.
TRUSTOR
AGREES, TO THE FULL EXTENT THAT IT MAY LAWFULLY DO SO, THAT IT WILL NOT AT ANY
TIME INSIST UPON OR PLEAD OR IN ANY WAY TAKE ADVANTAGE OF ANY STAY, MARSHALLING
OF ASSETS, EXTENSION, REDEMPTION OR MORATORIUM LAW NOW OR HEREAFTER IN FORCE AND
EFFECT SO AS TO PREVENT OR HINDER THE ENFORCEMENT (CONSISTENT WITH THE TERMS OF
THE CREDIT AGREEMENT) OF THE PROVISIONS OF THIS DEED OF TRUST OR THE SECURED
OBLIGATIONS, OR ANY RIGHTS OR REMEDIES PROVIDED HEREUNDER IN FAVOR OF
BENEFICIARY OR ANY OTHER SECURED PARTY.
SECTION 7.9
APPLICABLE LAW.
THIS DEED OF TRUST SHALL BE GOVERNED BY,
AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA.
SECTION 7.10
HEADINGS.
THE ARTICLE, SECTION AND SUBSECTION TITLES
HEREOF ARE INSERTED FOR CONVENIENCE OF REFERENCE ONLY AND SHALL IN NO WAY ALTER,
MODIFY OR DEFINE, OR BE USED IN CONSTRUING, THE TEXT OF SUCH ARTICLES, SECTIONS
OR SUBSECTIONS.
SECTION 7.11
SEVERABILITY.
IF ANY PROVISION OF THIS DEED OF TRUST SHALL
BE HELD BY ANY COURT OF COMPETENT JURISDICTION TO BE UNLAWFUL, VOID OR
UNENFORCEABLE FOR ANY REASON, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM AND
SHALL IN NO WAY AFFECT THE ENFORCEABILITY AND VALIDITY OF THE REMAINING
PROVISIONS OF THIS DEED OF TRUST.
SECTION 7.12
ENTIRE AGREEMENT.
THIS DEED OF TRUST AND THE OTHER LOAN
DOCUMENTS EMBODY THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN BENEFICIARY AND
TRUSTOR RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND SUPERSEDE ALL
PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN SUCH PARTIES RELATING TO THE SUBJECT
MATTER HEREOF AND THEREOF.
ACCORDINGLY, THE LOAN DOCUMENTS MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS
OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
SECTION 7.13
BENEFICIARY AS AGENT; SUCCESSOR AGENTS.
(A)
AGENT HAS BEEN APPOINTED TO ACT AS AGENT HEREUNDER BY THE OTHER SECURED
PARTIES.
AGENT SHALL HAVE THE RIGHT HEREUNDER TO MAKE DEMANDS, TO GIVE NOTICES,
TO EXERCISE OR REFRAIN FROM EXERCISING ANY RIGHTS, AND TO TAKE OR REFRAIN FROM
TAKING ANY ACTION (INCLUDING, WITHOUT LIMITATION, THE RELEASE OR SUBSTITUTION OF
THE TRUST PROPERTY) IN ACCORDANCE WITH THE TERMS OF THE CREDIT AGREEMENT, ANY
RELATED AGENCY AGREEMENT AMONG AGENT AND THE OTHER SECURED PARTIES
(COLLECTIVELY, AS AMENDED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE
MODIFIED OR REPLACED FROM TIME TO TIME, THE "AGENCY DOCUMENTS") AND THIS DEED OF
TRUST.
TRUSTOR AND ALL OTHER PERSONS SHALL BE ENTITLED TO RELY ON RELEASES,
WAIVERS, CONSENTS, APPROVALS, NOTIFICATIONS AND OTHER ACTS OF AGENT, WITHOUT
INQUIRY INTO THE EXISTENCE OF REQUIRED