AS OTHERWISE PROVIDED HEREIN, ON ALL OF THE MORTGAGED PROPERTY NOT
EXPRESSLY RELEASED UNTIL THE INDEBTEDNESS IS FULLY PAID AND THE OBLIGATIONS ARE
FULLY PERFORMED AND DISCHARGED.
12.16
HEADINGS. THE ARTICLE, SECTION, AND SUBSECTION 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, SECTIONS,
OR SUBSECTIONS.
12.17
ENTIRE AGREEMENT; AMENDMENT. THIS DEED OF TRUST AND THE OTHER LOAN
DOCUMENTS EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND
SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF
AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES
HERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO. THE PROVISIONS
HEREOF AND THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN
INSTRUMENT IN WRITING SIGNED BY GRANTOR AND BENEFICIARY.
12.18
WAIVER OF RIGHT TO TRIAL BY JURY. GRANTOR HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT,
PROCEEDING, OR COUNTERCLAIM THAT RELATES TO OR ARISES OUT OF ANY OF THE LOAN
DOCUMENTS OR THE ACTS OR FAILURE TO ACT OF OR BY BENEFICIARY IN THE ENFORCEMENT
OF ANY OF THE TERMS OR PROVISIONS OF THIS DEED OF TRUST OR THE OTHER LOAN
DOCUMENTS.
12.19
COUNTING OF DAYS. THE TERM "DAYS" WHEN USED HEREIN SHALL MEAN
CALENDAR DAYS. IF ANY TIME PERIOD ENDS ON A SATURDAY, SUNDAY OR HOLIDAY
OFFICIALLY RECOGNIZED BY THE STATE WITHIN WHICH THE LAND IS LOCATED (WHETHER
LEGAL OR RELIGIOUS IN NATURE), THE PERIOD SHALL BE
31
DEEMED TO END ON THE NEXT SUCCEEDING BUSINESS DAY. THE TERM "BUSINESS DAY" OR
"BUSINESS DAY" WHEN USED HEREIN SHALL MEAN A WEEKDAY, MONDAY THROUGH FRIDAY,
EXCEPT A LEGAL HOLIDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN DALLAS, TEXAS
ARE AUTHORIZED BY LAW TO BE CLOSED.
12.20
BENEFICIARY'S DISCRETION. WHENEVER PURSUANT TO THIS DEED OF TRUST,
BENEFICIARY EXERCISES ANY RIGHT GIVEN TO IT TO APPROVE OR DISAPPROVE, OR ANY
ARRANGEMENT OR TERM IS TO BE SATISFACTORY TO BENEFICIARY, THE DECISION OF
BENEFICIARY TO APPROVE OR DISAPPROVE OR TO DECIDE WHETHER ARRANGEMENTS OR TERMS
ARE SATISFACTORY OR NOT SATISFACTORY SHALL (EXCEPT AS IS OTHERWISE SPECIFICALLY
HEREIN PROVIDED) BE IN THE SOLE DISCRETION OF BENEFICIARY AND SHALL BE FINAL AND
CONCLUSIVE.
12.21
NO MERGER OF ESTATES. SO LONG AS ANY PART OF THE INDEBTEDNESS AND
THE OBLIGATIONS SECURED HEREBY REMAIN UNPAID AND UNPERFORMED OR UNDISCHARGED,
THE FEE AND LEASEHOLD ESTATES TO THE MORTGAGED PROPERTY SHALL NOT MERGE BUT
RATHER SHALL REMAIN SEPARATE AND DISTINCT, NOTWITHSTANDING THE UNION OF SUCH
ESTATES EITHER IN GRANTOR, BENEFICIARY, ANY LESSEE, OR ANY THIRD PARTY PURCHASER
OR OTHERWISE.
[Balance of this Page Left Intentionally Blank]
32
EXECUTED as of the date first above written.
NOTICE OF INDEMNIFICATION:
GRANTOR HEREBY ACKNOWLEDGES
AND AGREES THAT THIS DEED OF TRUST
CONTAINS CERTAIN INDEMNIFICATION
PROVISIONS WHICH,