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Deed of Trust or any other agreement or any laws now or hereafter in force, notwithstanding <br />some or all of the Obligations secured hereby may now or hereafter be otherwise secured, <br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement, whether by court action or other powers <br />herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or <br />enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary <br />shall be entitled to enforce this Deed of Trust and any other remedy herein or by law provided or <br />permitted, and that each such remedy shall be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Each <br />power or remedy given hereby to Beneficiary or to which Beneficiary may be otherwise entitled, <br />may be exercised, concurrently or independently, from time to time, and as often as it may be <br />deemed expedient by Beneficiary, and Beneficiary may pursue inconsistent remedies. No waiver <br />of any default of Trustor hereunder shall be implied from any omission by Beneficiary to take <br />any action on account of such default, and no express waiver shall affect any default other than <br />the default specified in the express waiver and that only for the time and to the extent therein <br />stated. <br /> <br />Binding on Successors and Assigns <br /> <br /> 17. This Deed of Trust and all provisions hereof shall be binding upon Trustor and all <br />persons claiming under or through Trustor, and shall inure to the benefit of Beneficiary and its <br />successors and assigns. <br /> <br />Definitions of "Trustor" and "Beneficiary" <br /> <br /> 18. The word "Trustor" when used herein shall include: (a) the original Trustor <br />named in the preambles hereof, (b)the original Trustor's successors and assigns and (c)all <br />owners from time to time of the Mortgaged Property. The word "Beneficiary" when used herein <br />shall include all successors and assigns of the original "Beneficiary" identified in the preambles <br />hereof. <br /> <br />Reconveyance <br /> <br /> 19. Upon written request of Beneficiary stating that all Obligations secured hereby <br />have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for <br />cancellation, and upon payment of its fees by Trustor, Trustee shall reconvey, without warranty, <br />the Mortgaged Property then held hereunder. The recitals in any such reconveyance of any <br />matters or facts shall be conclusive proof of the truth thereof. <br /> <br />Substitution <br /> <br /> 20. Beneficiary may substitute the Trustee hereunder in any manner now or hereafter <br />provided by law or, in lieu thereof, Beneficiary may from time to time, by an instrument in <br />writing, substitute a successor or successors to any Trustee named herein or acting hereunder, <br />which instrument, executed and acknowledged by Beneficiary and recorded in the office of the <br />recorder of the county or counties in which the Land and Improvements are situated, shall be <br />conclusive proof of proper substitution of such successor Trustee, who shall thereupon and <br /> <br />17996.00003XBOLIB 1\1083970.6 15 <br /> <br /> <br />