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such Extended Use Agreement, by its terms, must terminate upon foreclosure under this
<br />Instrument or upon a transfer of the Security by instrument in lieu of foreclosure, in accordance
<br />with Section 42(h)(6)(E) of the Internal Revenue Code.
<br />Section 9. WAIVERS
<br />9.1. Waivers and Related Matters.
<br />(a) To the fullest extent allowed by law, Trustor hereby waives: (i)
<br />presentment, demand, protest, notice of dishonor, notice of protest and all other notices and
<br />demands of every kind, and all suretyship defenses of every kind that would otherwise be
<br />available in connection with this Deed of Trust, and (ii) all rights of redemption, valuation,
<br />appraisement, stay of executive, notice of election to mature or declare due the whole of the
<br />Obligation and marshaling in the event of foreclosure of the liens hereby created.
<br />(b) Trustor hereby authorizes Beneficiary, at any time and from time to time
<br />without notice and without affecting this Deed of Trust in any way, to: (i) accept new or
<br />additional instruments, documents, agreements, security or guaranties in connection with all or
<br />any part of the Obligations; (ii) accept partial payments on the Obligations; and (iii) waive,
<br />release, reconvey, terminate, abandon, subordinate, exchange, substitute, transfer, compound,
<br />compromise, liquidate and enforce all or any part of the Obligations and any security or
<br />guaranties therefor, and apply any such security and direct the order or manner of sale thereof
<br />and bid and purchase at any such sale.
<br />(c) Trustor hereby waives any right to require Beneficiary to (i) proceed
<br />against any person; (ii) proceed or exhaust any collateral held from any person; or (iii) pursue
<br />any other remedy in Beneficiary's power. Upon the occurrence of any Event of Default,
<br />Beneficiary is hereby expressly given the right, at its option, to proceed in the enforcement of
<br />this Deed of Trust, independently of any other remedy or security Beneficiary may at any time
<br />hold in connection with the Obligations, and Beneficiary shall not in any way be obligated or
<br />otherwise required to proceed upon or against and/or exhaust any other security or remedy before
<br />proceeding to enforce this Deed of Trust.
<br />(d) Trustor hereby waives any defense arising by reason of (i) any disability
<br />or other defense of Trustor or any other person; (ii) the cessation from any cause whatsoever,
<br />other than full payment and performance of the Obligations, of the Obligations of Trustor or any
<br />other person; or (iii) any act or omission by Beneficiary which directly or indirectly results in or
<br />aids in the discharge or release of Trustor, or any other person, any Obligation, or any collateral
<br />by operation of law or otherwise.
<br />The waivers set forth in this Section 9 shall also apply, to the fullest extent permitted by
<br />law to all other real and/or personal property of Trustor now or hereafter assigned to Beneficiary
<br />as security for the Obligations. Trustor warrants and agrees that each, of the waivers set forth
<br />above are made with Trustor's full knowledge of their significance and consequences, with the
<br />understanding that events giving rise to any defense waived may diminish, destroy or otherwise
<br />adversely affect rights which Trustor otherwise may have against Beneficiary or others, or
<br />against collateral, and that under the circumstances, the waivers are reasonable and not contrary
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<br />The Crossroads at Washington
<br />City NSP Deed of Tmst
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