4.15
SUBROGATION.
IF ANY OR ALL OF THE PROCEEDS OF THE LOANS AND OTHER
FINANCIAL ACCOMMODATIONS MADE AND EXTENDED UNDER THE CREDIT DOCUMENTS HAVE BEEN
USED TO EXTINGUISH, EXTEND OR RENEW ANY INDEBTEDNESS HERETOFORE EXISTING AGAINST
THE MORTGAGED PROPERTY, THEN, TO THE EXTENT OF SUCH FUNDS SO USED, THE
BENEFICIARY SHALL BE SUBROGATED TO ALL OF THE RIGHTS, CLAIMS, LIENS, TITLES AND
INTERESTS HERETOFORE EXISTING AGAINST THE MORTGAGED PROPERTY TO SECURE THE
INDEBTEDNESS SO EXTINGUISHED, EXTENDED OR RENEWED, AND THE 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 ARE MERGED WITH
THE LIEN AND SECURITY INTEREST CREATED HEREIN AS CUMULATIVE SECURITY FOR THE
REPAYMENT AND SATISFACTION OF THE OBLIGATIONS.
4.16
CONFLICTS: CREDIT DOCUMENTS OR MASTER LEASES.
IN THE EVENT OF ANY
CONFLICT BETWEEN THE TERMS AND PROVISIONS OF THIS DEED OF TRUST AND THE CREDIT
AGREEMENT OR IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND PROVISIONS OF
THIS DEED OF TRUST, TO THE EXTENT THE MORTGAGED PROPERTY EXTENDS TO PERSONAL
PROPERTY OF THE GRANTOR, AND THE OTHER CREDIT DOCUMENTS, THE TERMS AND
PROVISIONS OF THE CREDIT AGREEMENT OR SUCH OTHER CREDIT DOCUMENTS, AS THE CASE
MAY BE, SHALL CONTROL.
4.17
HEADINGS.
THE ARTICLE AND SECTION ENTITLEMENTS 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 OR SECTIONS.
4.18
NO JOINT VENTURE.
NOTWITHSTANDING ANYTHING IN ANY OF THE CREDIT
DOCUMENTS OR IN ANY OTHER AGREEMENT OR COMMITMENT TO THE CONTRARY, NEITHER THE
CREDIT DOCUMENTS NOR THE TRANSACTIONS DESCRIBED IN THE CREDIT DOCUMENTS NOR THE
RIGHTS AND OBLIGATIONS GRANTED THEREIN SHALL IN ANY WAY CREATE OR CONTRIBUTE TO
THE CREATION OF A PARTNERSHIP OR JOINT VENTURE OR SIMILAR ARRANGEMENT BETWEEN
GRANTOR AND BENEFICIARY.
30
4.19
INTERCREDITOR AGREEMENT.
THIS DEED OF TRUST IS SUBJECT TO THE
TERMS OF AN INTERCREDITOR AGREEMENT OF EVEN DATE HEREWITH BY AND AMONG
BENEFICIARY, CONGRESS FINANCIAL CORPORATION AND REGIMENT CAPITAL ADVISORS,
L.L.C., AS TRUSTEE (THE "INTERCREDITOR AGREEMENT").
IN THE EVENT OF ANY
INCONSISTENCY BETWEEN THE TERMS OF THIS AGREEMENT AND THE TERMS OF THE
INTERCREDITOR AGREEMENT, THE TERMS OF THE INTERCREDITOR AGREEMENT SHALL GOVERN.
4.20
CONCERNING BENEFICIARY.
(A)
BENEFICIARY SHALL BE ENTITLED TO RELY UPON ANY WRITTEN NOTICE,
STATEMENT, CERTIFICATE, ORDER OR OTHER DOCUMENT OR ANY TELEPHONE MESSAGE
BELIEVED BY IT TO BE GENUINE AND CORRECT AND TO HAVE BEEN SIGNED, SENT OR MADE
BY THE PROPER PERSON, AND, WITH RESPECT TO ALL MATTERS PERTAINING TO THIS DEED
OF TRUST AND ITS DUTIES HEREUNDER, UPON ADVICE OF COUNSEL SELECTED BY IT.
(B)
WITH RESPECT TO ANY OF ITS RIGHTS AND OBLIGATIONS AS A LENDER,
BENEFICIARY SHALL HAVE AND MAY EXERCISE THE SAME RIGHTS AND POWERS HEREUNDER.
THE TERM "HOLDERS", "LENDER" OR ANY SIMILAR TERM SHALL, UNLESS THE CONTEXT
CLEARLY OTHERWISE INDICATES, INCLUDE BENEFICIARY IN ITS INDIVIDUAL CAPACITY AS A
LENDER.
BENEFICIARY MAY ACCEPT DEPOSITS FROM, LEND MONEY TO, AND