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to time and with or without notice, Beneficiary may release any <br />person now or hereafter liable for performance of such obligation, <br />and may extend the time for payment or performance, accept <br />additional security, and alter, substitute or release any security. <br />10. In any judicial action brought to foreclose this <br />deed or to enforce any right of Beneficiary or of Trustee <br />hereunder, Trustor shall pay to Beneficiary and to Trustee <br />attorneys' fees in a reasonable sum, to be fixed by the court, <br />provided Beneficiary or Trustee, as applicable, is the prevailing <br />party. <br />D. Miscellaneous Provisions <br />1. No remedy hereby given to Beneficiary or Trustee is <br />exclusive of any other remedy hereunder or under any present or <br />future law. <br />2. The pleading of any statute of limitations as a <br />defense to any and all obligations secured by this deed is hereby <br />waived, to the full extent permissible by law. <br />3. Trustor shall, upon request made by Beneficiary, <br />furnish the Beneficiary with annual statements covering the <br />operations of the property. <br />4. Beneficiary may collect a "late charge" not to <br />exceed an amount equal to six percent (6%) on the amount past due <br />and remaining unpaid on any installment that is not paid within ten <br />(10) days from the due date thereof, to cover the extra expense <br />involved in handling delinquent payments. <br />5. This deed applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, <br />administrators, executors, successors, successors in interest, and <br />assigns. The term "Beneficiary" means the owner and holder, <br />including pledgees, of the Agreement secured hereby, whether or not <br />named as Beneficiary herein. In this deed, whenever the context so <br />requires, the masculine gender includes the feminine and neuter, <br />and the singular number includes the plural, and all obligations of <br />each Trustor hereunder are joint and several. <br />6. Trustee accepts this trust when this deed, duly <br />executed and acknowledged, is made a public record as provided by <br />law. Trustee is not obligated to notify any party hereto of <br />pending sale under any other deed of trust or of any action or <br />proceeding in which Trustor, Beneficiary or Trustee is a party <br />unless brought by Trustee. <br />D - 7 <br />