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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 Deed 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, rule or order that may be unconstitutional 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 case of any receivership, <br />insolvency, bankruptcy, reorganization, arrangement, adjustment, composition 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 in 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 which 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 instrument in writing signed by the party against whom <br />enforcement of any waiver, change, discharge or termination is sought. <br />Section 5.2 Reconveyance by Trustee. Upon written request of Beneficiary stating <br />that all sums and other obligations secured hereby have been paid or performed, 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 held <br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. The grantee in any reconveyance 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 prevailing party <br />shall be entitled to receive reimbursement from the non-prevailing party 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 />serve 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 of this Deed of Trust. Any party may at any time change its address for <br />ATTACHMENT NO. 9-7 <br />D OCS OG 1400573 v 141200272-0001