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It may deem expedient to prevent any impairment of the Security (and the rights of the <br />Beneficiary as secured by this Decd of Trust ) by any acts which may be unlawful or any <br />violation of this Deed of Trust, b preserve or protect its interest as described in this Deed of <br />Trust in the Security and in the rents, issues, profits and revenues arising therefrom, and <br />(c) restrain the enforcement of or compliance with any legislation or other governmental <br />enactment, rile or order that may be unconstitutional al or otherwise invalid, if the enforcement for <br />compliance with such enactment, rule or order would impair the security thereunder or be <br />prejudicial to the interests of the Beneficiary. <br />Section 4.9 Trustee May File Proofs of Claim. In the ease of any receivership, <br />insolvency, bankruptcy, reorganization, arrangement, adjustment, ent, comp(sition or other <br />proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent <br />permitted by law, shall be entitled to file such proofs of claim and other documents as may be <br />necessary or advisable in order to have the claims of the Beneficiary allowed ill such proceedings <br />for the entire amount due and payable by the Trustor under this Deed of Trust at the date of the <br />institution of such proceedings and for any additional amount -%- %rhich may become due and <br />payable by the Trustor hereunder after such date. <br />ARTICLE v <br />MISCELLANEOUS <br />Section 5.1 Amendments. This instrument cannot be waived, changed, discharged or <br />terminated orally, but only by an instrLIMCIA its writing signed by the party against whom <br />cnforce ent of any waiver, change, discharge or termination is sought. <br />Section 5.2 Reconygyance. by Trustee. Upon written request of Beneficiary stating <br />that all sums and other obligations secured hereby have been paid or p rfori ed, and upon <br />surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by <br />Trustor of Trustee's reasonable fees, Trustee shall reconvey to Trustor,, or to the person or <br />persons legally entitled thereto, without warranty, any portion of the property then hold <br />hereunder. The recitals in u h recon eyance of any tatters or facts shall be conclusive proof of <br />the truthfulness thereof. The grantee in any reco veyanco may be described as `the person or <br />person legally entitled thereto." <br />Section 5.3 Attorneys' Fees. In the event that any parties hereto resort to legal action <br />in order to enforce the provisions of this Deed of Trust or defend such suit, the g revailin art <br />l party <br />shall be entitled to receive reimbursement from the non-prevailing panty for all reasonable <br />attorneys' fees and all other costs incurred in commencing or defending such suit. <br />Section 5.4 Notices, Whenever Beneficiary, Trustor or Trustee shall desire. to give or <br />sere any notice, demand, request or other communication with respect to this Deed of Trust, <br />each such notice, demand, request, or other communication shall be in writing and shall be <br />effective only if the same is delivered by personal service or mailed by registered or certified <br />mail, postage prepaid, return receipts requested, or by telegram, addressed to the address set forth <br />in the first paragraph this Deed of Trust. Any party may at any time. change its address for <br />ATTACHMENT No. 9-7 <br />DOCSO C11 4 00673v 131200272 -0001 <br />