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8.10. Actions. <br />Trustor agrees to appear in and defend any action or proceeding purporting to affect the <br />Security. <br />8.11. Substitution of Trustee. <br />Beneficiary may from time to time substitute a successor or successors to any Trustee <br />named herein or acting hereunder to execute this Trust. Upon such appointment, and without <br />conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties <br />conferred upon any Trustee herein named or acting hereunder. Each such appointment and <br />substitution shall be made by written instrument executed by Beneficiary, containing reference to <br />this Deed of Trust and its place of record, which, when duly recorded in the proper office of the <br />City or counties in which the Security is situated, shall be conclusive proof of proper <br />appointment of the successor trustee. <br />8.12. Acceptance by Trustee. <br />Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is <br />made public record as provided by law. Except as otherwise provided by law the Trustee is not <br />obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of <br />proceedings in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. <br />8.13. Conflicts. <br />If any term or provision of this Deed of Trust conflicts with any term of provision of the <br />Loan Agreement, the term or provision of the Loan Agreement shall control to the extent of such <br />conflict. <br />8.14. Statements by Trustor. <br />Trustor shall, at its cost, within ten (10) days after notice thereof from Beneficiary, <br />deliver to Beneficiary a written statement setting forth to the best of its knowledge and <br />information, the amounts then unpaid and secured by this Deed of Trust and stating whether <br />Trustor is aware of any offset or defense against such amounts. <br />8.15. Beneficiary Statements. <br />For any statement or accounting requested by Trustor or any other entitled person <br />pursuant to Section 2943 or Section 2954 of the California Civil Code or pursuant to any other <br />provision of applicable law, or for any other document or instrument furnished to Trustor by <br />Beneficiary, Beneficiary may charge the maximum amount permitted by law at the time of the <br />request therefor, or if there be no such maximum, then in accordance with Beneficiary's <br />customary charges therefor or the actual cost to Beneficiary therefor, whichever is greater. <br />8.16. Statute of Limitations. <br />31 <br />The Crossroads at Washington <br />City NSP Deed of Must <br />