CONSENTS OR APPROVALS OF THE SECURED
PARTIES THEREFOR.
(B)
BENEFICIARY SHALL AT ALL TIMES BE THE SAME PERSON THAT IS AGENT UNDER THE
AGENCY DOCUMENTS.
WRITTEN NOTICE OF RESIGNATION BY AGENT PURSUANT TO THE AGENCY
DOCUMENTS SHALL ALSO CONSTITUTE NOTICE OF RESIGNATION AS AGENT UNDER THIS DEED
OF TRUST.
REMOVAL OF AGENT PURSUANT TO ANY PROVISION OF THE AGENCY DOCUMENTS
SHALL ALSO CONSTITUTE REMOVAL AS AGENT UNDER THIS DEED OF TRUST.
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 TO SUCH SUCCESSOR AGENT ALL OF ITS RIGHT, TITLE
AND INTEREST IN AND TO THIS DEED OF TRUST AND THE TRUST 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
10
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.
ARTICLE 8
LOCAL LAW PROVISIONS
SECTION 8.1
INSPECTION.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, TRUSTOR AGREES THAT THE SECURED PARTIES WILL HAVE THE SAME RIGHT,
POWER AND AUTHORITY TO ENTER AND INSPECT THE PREMISES AS IS GRANTED TO A SECURED
LENDER UNDER CALIFORNIA CIVIL CODE § 2929.5, AND THAT BENEFICIARY WILL HAVE THE
RIGHT TO APPOINT A RECEIVER TO ENTER AND INSPECT THE PREMISES AT REASONABLE
TIMES AND AFTER REASONABLE NOTICE TO THE EXTENT SUCH AUTHORITY IS PROVIDED UNDER
APPLICABLE LAW, INCLUDING THE AUTHORITY GIVEN TO THE BENEFICIARY UNDER
CALIFORNIA CODE OF CIVIL PROCEDURE § 564(C).
SECTION 8.2
ENVIRONMENTAL PROVISIONS.
WITHOUT LIMITING ANY OTHER
RIGHTS OR REMEDIES OF THE BENEFICIARY OR ANY OTHER SECURED PARTY, TRUSTOR
ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THE CREDIT AGREEMENT AND THE
OTHER LOAN DOCUMENTS RELATING TO ENVIRONMENTAL MATTERS, INCLUDING WITHOUT
LIMITATION, SECTIONS 3.06 OF THE CREDIT AGREEMENT, ARE "ENVIRONMENTAL
PROVISIONS," AS THAT TERM IS DEFINED IN CALIFORNIA CODE OF CIVIL PROCEDURE §
736(F)(2), MADE BY TRUSTOR RELATING TO THE REAL PROPERTY SECURITY.
TRUSTOR, THE
BENEFICIARY AND THE OTHER SECURED PARTIES INTEND FOR THE FOREGOING SECTIONS TO
SERVE AS THE BENEFICIARY'S AND THE OTHER SECURED PARTIES' WRITTEN DEMAND AND
TRUSTOR'S RESPONSE CONCERNING THE ENVIRONMENTAL CONDITION OF THE PREMISES AS
REQUIRED BY CALIFORNIA CODE OF CIVIL