GRANTOR WITHOUT SUCH CONSENT SHALL BE NULL AND VOID).
IF ANY
GRANTOR OR ANY SIGNATORY WHO SIGNS ON BEHALF OF ANY GRANTOR IS A CORPORATION,
PARTNERSHIP OR OTHER LEGAL ENTITY, GRANTOR AND ANY SUCH SIGNATORY, AND THE
PERSON OR PERSONS SIGNING FOR IT, REPRESENT AND WARRANT TO HOLDER AND LENDERS
THAT THIS INSTRUMENT IS EXECUTED, ACKNOWLEDGED AND DELIVERED BY GRANTOR'S DULY
AUTHORIZED REPRESENTATIVES.
SECTION 6.19
TRUSTEE, HOLDER AND LENDER ASSIGNS;
COVENANTS RUNNING WITH THE LAND.
THE TERMS, PROVISIONS, COVENANTS AND
CONDITIONS HEREOF SHALL INURE TO THE BENEFIT OF TRUSTEE, HOLDER, ANY LENDER AND
ANY OF THEIR SUCCESSORS AND ASSIGNS AND SHALL CONSTITUTE COVENANTS RUNNING WITH
THE LAND.
HOLDER AND ANY LENDER MAY, FROM TIME TO TIME, SELL, TRANSFER OR
ASSIGN ALL OR A PORTION OF ITS RESPECTIVE INTEREST IN THE SECURED INDEBTEDNESS
AND THE LOAN DOCUMENTS, ON AND SUBJECT TO THE TERMS AND CONDITIONS OF THE CREDIT
AGREEMENT.
IN THE EVENT OF ANY SUCH SALE, TRANSFER OR ASSIGNMENT, THE
CORRESPONDING WHOLE OR PART OF THE RIGHTS AND BENEFITS UNDER THIS DEED OF TRUST
AND THE CORRESPONDING INTEREST HEREIN MAY BE TRANSFERRED WITH SUCH SECURED
INDEBTEDNESS.
EXCEPT AS PROVIDED IN THE CREDIT AGREEMENT, BORROWERS AND GRANTOR
WAIVE NOTICE OF ANY SALE, TRANSFER OR ASSIGNMENT OF THE SECURED INDEBTEDNESS OR
ANY PART THEREOF OR ANY INTEREST THEREIN.
BORROWERS AND GRANTOR AGREE THAT
FAILURE BY HOLDER, LENDERS OR ANY OTHER PARTY TO GIVE NOTICE OF ANY SUCH SALE,
TRANSFER OR ASSIGNMENT WILL NOT AFFECT THE LIABILITY OF BORROWERS AND GRANTOR
HEREUNDER.
SECTION 6.20
EXECUTION; RECORDING.
THIS DEED OF
TRUST MAY BE EXECUTED IN SEVERAL COUNTERPARTS, ALL OF WHICH COUNTERPARTS
TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
THE DATE OR DATES
REFLECTED IN THE ACKNOWLEDGMENTS HERETO INDICATE THE DATE OR DATES OF ACTUAL
EXECUTION OF THIS DEED OF TRUST, BUT SUCH EXECUTION IS AS OF THE DATE SHOWN ON
THE FIRST PAGE HEREOF, AND FOR PURPOSES OF IDENTIFICATION AND REFERENCE THE DATE
OF THIS DEED OF TRUST SHALL BE DEEMED TO BE THE DATE REFLECTED ON THE FIRST
PAGE HEREOF.
GRANTOR WILL CAUSE THIS DEED OF TRUST AND ALL AMENDMENTS AND
SUPPLEMENTS THERETO AND SUBSTITUTIONS THEREFOR AND ALL FINANCING STATEMENTS AND
CONTINUATION STATEMENTS RELATING THERETO TO BE RECORDED, FILED, RE-RECORDED AND
REFILED IN SUCH MANNER AND IN SUCH PLACES AS TRUSTEE OR HOLDER SHALL REASONABLY
REQUEST AND WILL PAY ALL SUCH RECORDING, FILING, RE-RECORDING AND REFILING
TAXES, FEES AND OTHER CHARGES.
SECTION 6.21
MODIFICATION OR TERMINATION.
THE
LOAN DOCUMENTS MAY BE MODIFIED OR TERMINATED ONLY BY A WRITTEN INSTRUMENT OR
INSTRUMENTS INTENDED FOR THAT PURPOSE AND EXECUTED BY THE PARTY AGAINST WHICH
ENFORCEMENT OF THE MODIFICATION OR TERMINATION IS ASSERTED.
ANY ALLEGED
MODIFICATION OR TERMINATION WHICH IS NOT SO DOCUMENTED SHALL NOT BE EFFECTIVE AS
TO ANY PARTY.
SECTION 6.22
NO PARTNERSHIP, ETC.
THE
RELATIONSHIP BETWEEN GRANTOR ON THE ONE HAND AND HOLDER AND LENDERS ON THE OTHER
IS SOLELY THAT OF GRANTOR AND LENDER.
HOLDER AND LENDERS HAVE NO FIDUCIARY OR
OTHER SPECIAL RELATIONSHIP WITH GRANTOR.
NOTHING CONTAINED IN THE LOAN
DOCUMENTS