EFFECT AS IF
ORIGINALLY NAMED AS TRUSTEE HEREIN; BUT NEVERTHELESS, UPON THE WRITTEN REQUEST
OF BENEFICIARY OR OF THE SUBSTITUTE TRUSTEE, THE TRUSTEE CEASING TO ACT SHALL
EXECUTE AND DELIVER ANY INSTRUMENT TRANSFERRING TO SUCH SUBSTITUTE TRUSTEE, UPON
THE TRUSTS HEREIN EXPRESSED, ALL THE ESTATES, PROPERTIES, RIGHTS, POWERS, AND
TRUSTS OF THE TRUSTEE SO CEASING TO ACT, AND SHALL DULY ASSIGN, TRANSFER AND
DELIVER ANY OF THE PROPERTY AND MONEYS HELD BY SUCH TRUSTEE TO THE SUBSTITUTE
TRUSTEE SO APPOINTED IN THE TRUSTEE'S PLACE.
11.7
NO REPRESENTATION BY TRUSTEE OR BENEFICIARY. BY ACCEPTING OR
APPROVING ANYTHING REQUIRED TO BE OBSERVED, PERFORMED, OR FULFILLED OR TO BE
GIVEN TO TRUSTEE OR BENEFICIARY PURSUANT TO THE LOAN DOCUMENTS, INCLUDING
WITHOUT LIMITATION, ANY OFFICER'S CERTIFICATE, BALANCE SHEET, STATEMENT OF
PROFIT AND LOSS OR OTHER FINANCIAL STATEMENT, SURVEY, APPRAISAL, OR INSURANCE
POLICY, NEITHER TRUSTEE NOR BENEFICIARY SHALL BE DEEMED TO HAVE WARRANTED,
CONSENTED TO, OR AFFIRMED THE SUFFICIENCY, LEGALITY, EFFECTIVENESS, OR LEGAL
EFFECT OF THE SAME, OR OF ANY TERM, PROVISION, OR CONDITION THEREOF, AND SUCH
ACCEPTANCE OR APPROVAL THEREOF SHALL NOT BE OR CONSTITUTE ANY WARRANTY OR
AFFIRMATION WITH RESPECT THERETO BY TRUSTEE OR BENEFICIARY.
ARTICLE XII
MISCELLANEOUS
12.1
RELEASE. IF THE INDEBTEDNESS IS PAID IN FULL IN ACCORDANCE WITH THE
TERMS OF THIS DEED OF TRUST, THE NOTE, AND THE OTHER LOAN DOCUMENTS, AND IF
GRANTOR SHALL WELL AND TRULY PERFORM EACH AND EVERY OF THE OBLIGATIONS TO BE
PERFORMED AND DISCHARGED IN ACCORDANCE WITH THE TERMS OF THIS DEED OF TRUST, THE
NOTE AND THE OTHER LOAN DOCUMENTS, THEN THIS CONVEYANCE SHALL BECOME NULL AND
VOID AND BE RELEASED AT GRANTOR'S REQUEST AND EXPENSE, AND BENEFICIARY SHALL
HAVE NO FURTHER OBLIGATION TO MAKE ADVANCES UNDER AND PURSUANT TO THE PROVISIONS
HEREOF OR IN THE OTHER LOAN DOCUMENTS.
12.2
PERFORMANCE AT GRANTOR'S EXPENSE. GRANTOR SHALL (I) PAY ALL LEGAL
FEES INCURRED BY BENEFICIARY IN CONNECTION WITH THE PREPARATION OF THE LOAN
DOCUMENTS (INCLUDING ANY AMENDMENTS THERETO OR CONSENTS, RELEASES, OR WAIVERS
GRANTED THEREUNDER); (II) REIMBURSE BENEFICIARY, PROMPTLY UPON DEMAND, FOR ALL
AMOUNTS EXPENDED, ADVANCED, OR INCURRED BY BENEFICIARY TO SATISFY ANY OBLIGATION
OF GRANTOR UNDER THE LOAN DOCUMENTS, WHICH AMOUNTS SHALL INCLUDE (WITHOUT
LIMITATION) ALL COURT COSTS, ATTORNEYS' FEES (INCLUDING, FOR TRIAL, APPEAL, OR
OTHER PROCEEDINGS), FEES OF AUDITORS AND ACCOUNTANTS AND OTHER INVESTIGATION
EXPENSES REASONABLY INCURRED BY BENEFICIARY IN CONNECTION WITH ANY SUCH MATTERS;
AND (III) ANY AND ALL OTHER COSTS AND EXPENSES OF PERFORMING OR COMPLYING WITH
ANY AND ALL OF THE OBLIGATIONS. EXCEPT TO THE EXTENT THAT COSTS AND EXPENSES ARE
INCLUDED WITHIN THE DEFINITION OF "INDEBTEDNESS," THE
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PAYMENT OF SUCH COSTS AND EXPENSES SHALL NOT BE CREDITED, IN ANY WAY AND TO ANY
EXTENT, AGAINST ANY INSTALLMENT ON OR PORTION OF THE INDEBTEDNESS.
12.3
SURVIVAL OF OBLIGATIONS. EACH AND ALL OF THE OBLIGATIONS SHALL
SURVIVE THE EXECUTION AND DELIVERY OF THE LOAN DOCUMENTS AND THE CONSUMMATION OF
THE LOAN CALLED FOR THEREIN AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL
THE INDEBTEDNESS SHALL HAVE BEEN