THE BENEFICIARY IS GIVEN PRIOR NOTICE AND SUCH ASSIGNMENT IS
EXPRESSLY MADE SUBJECT TO THE TERMS OF THIS DEED OF TRUST.
IF THE BENEFICIARY
SO REQUESTS, (A) ALL INSTRUMENTS EVIDENCING SUCH INDEBTEDNESS SHALL BE DULY
ENDORSED AND DELIVERED TO THE BENEFICIARY,
(B) ALL SECURITY FOR SUCH
INDEBTEDNESS SHALL BE DULY ASSIGNED AND DELIVERED TO THE BENEFICIARY, (C) SUCH
INDEBTEDNESS SHALL BE ENFORCED, COLLECTED AND HELD BY TRUSTOR AS TRUSTEE FOR THE
BENEFICIARY AND SHALL BE PAID OVER TO THE BENEFICIARY ON ACCOUNT OF THE SECURED
OBLIGATIONS BUT WITHOUT REDUCING OR AFFECTING IN ANY MANNER THE LIABILITY OF
TRUSTOR UNDER THE OTHER PROVISIONS OF THIS DEED OF TRUST, AND (D) TRUSTOR SHALL
EXECUTE, FILE AND RECORD SUCH DOCUMENTS AND INSTRUMENTS AND TAKE SUCH OTHER
ACTION AS THE BENEFICIARY DEEMS NECESSARY OR APPROPRIATE TO PERFECT, PRESERVE
AND ENFORCE THE BENEFICIARY'S RIGHTS IN AND TO SUCH INDEBTEDNESS AND ANY
SECURITY THEREFOR.
IF TRUSTOR FAILS TO TAKE ANY SUCH ACTION, THE BENEFICIARY,
AS ATTORNEY-IN-FACT FOR TRUSTOR, IS HEREBY AUTHORIZED TO DO SO IN THE NAME OF
TRUSTOR.
THE FOREGOING POWER OF ATTORNEY IS COUPLED WITH AN INTEREST AND CANNOT
BE REVOKED.
SECTION 8.9
OTHER COLLATERAL.
TRUSTOR ACKNOWLEDGES THAT THIS DEED OF
TRUST IS ONE OF A NUMBER OF MORTGAGES, DEEDS OF TRUST AND OTHER SECURITY
DOCUMENTS ("OTHER SECURITY INSTRUMENTS") THAT SECURE THE SECURED OBLIGATIONS AND
THE OBLIGATIONS OF THE BORROWER AND OTHER OBLIGORS UNDER THE LOAN DOCUMENTS (THE
"OTHER OBLIGATIONS").
TRUSTOR AGREES THAT THE LIEN OF THIS DEED OF TRUST SHALL
BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT IN ANY MANNER BE AFFECTED OR
IMPAIRED BY ANY ACTS OR OMISSIONS WHATSOEVER OF THE BENEFICIARY, AND WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THE LIEN HEREOF SHALL NOT BE IMPAIRED
BY ANY ACCEPTANCE BY THE BENEFICIARY OF ANY SECURITY FOR OR GUARANTEES OF THE
SECURED OBLIGATIONS AND/OR THE OTHER OBLIGATIONS, OR BY ANY FAILURE, NEGLECT OR
OMISSION ON THE PART OF THE BENEFICIARY TO REALIZE UPON OR PROTECT ANY
OBLIGATION OR OTHER OBLIGATION OR ANY COLLATERAL SECURITY THEREFOR INCLUDING THE
OTHER SECURITY INSTRUMENTS.
THE LIEN HEREOF SHALL NOT IN ANY MANNER BE IMPAIRED
OR AFFECTED BY ANY RELEASE (EXCEPT AS TO THE PREMISES RELEASED), SALE, PLEDGE,
SURRENDER, COMPROMISE, SETTLEMENT, RENEWAL, EXTENSION, INDULGENCE, ALTERATION,
CHANGING, MODIFICATION OR DISPOSITION OF ANY OF THE SECURED OBLIGATIONS OR OTHER
OBLIGATIONS OR OF ANY OF THE COLLATERAL SECURITY THEREFOR, INCLUDING THE OTHER
SECURITY INSTRUMENTS OR OF ANY GUARANTEE THEREOF, AND, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE BENEFICIARY MAY AT ITS DISCRETION FORECLOSE,
EXERCISE ANY POWER OF SALE, OR EXERCISE ANY OTHER REMEDY AVAILABLE TO IT UNDER
ANY OR ALL OF THE OTHER SECURITY INSTRUMENTS WITHOUT FIRST EXERCISING OR
ENFORCING ANY OF ITS RIGHTS AND REMEDIES HEREUNDER.
SUCH EXERCISE OF
BENEFICIARY'S RIGHTS AND REMEDIES UNDER ANY OR ALL OF THE OTHER SECURITY
INSTRUMENTS SHALL NOT IN ANY MANNER IMPAIR THE INDEBTEDNESS HEREBY SECURED OR
THE LIEN OF THIS DEED OF TRUST AND ANY EXERCISE OF THE RIGHTS OR REMEDIES OF THE
BENEFICIARY HEREUNDER SHALL NOT IMPAIR THE LIEN