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such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such <br />change. <br />Section 5.5 Acceptance by Trustee. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by law. <br />Section 5.6 Captions,. The captions or headings at the beginning of each <br />Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. <br />Section 5.7 Invalidity of Certain Provisions. Every provision of this Deed of Trust is <br />intended to be severable. In the event any term or provision hereof is declared to be illegal or <br />invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or <br />invalidity shall not affect the balance of the terms and provisions hereof, which terms and <br />provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or <br />unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of <br />the Security, the unsecured or partially secured portion of the debt, and all payments made on the <br />debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid on and applied to the full payment of that portion of the debt <br />which is not secured or partially secured by the lien of this Deed of Trust. <br />Section 5.8 No Merger. If title to the Property shall become vested in the Beneficiary, <br />this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application <br />of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of <br />the rights and privileges of Beneficiary under this Deed of Trust. In addition, upon foreclosure <br />under this Deed of Trust pursuant to the provisions hereof, any leases or subleases then existing <br />and affecting all or any portion of the Security shall not be destroyed or terminated by <br />application of the law of merger or as a matter of law or as a result of such foreclosure unless <br />Beneficiary or any purchaser at any such foreclosure shall so elect. No act by or on behalf of <br />Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless <br />Beneficiary or such purchaser shall give written notice of termination to such tenant or <br />subtenant. <br />Section 5.9 Governing Law. This Deed of Trust shall be governed by and construed <br />in accordance with the laws of the State of California. <br />Section 5.10 Gender and Number. In this Deed of Trust the singular shall include the <br />plural and the masculine shall include the feminine and neuter and vice versa, if the context so <br />requires. <br />Section 5.11 Nondisturbance Agreement. In the event of any foreclosure of this Deed <br />of Trust or a transfer in lieu of foreclosure, Beneficiary or other transferee shall recognize and <br />not disturb the possession, tenancy, leasehold estate and rights of all tenants and occupants of the <br />Property or any portion thereof, and shall honor and abide by all of the terms, covenants and <br />conditions of each lease for the remaining balance of the term or extension thereof with the same <br />force and effect as if Beneficiary or such other transferee were the original lessor under the lease; <br />provided, however, that the tenant is not in default under its lease and Beneficiary or such other <br />transferee shall not be (a) liable for any damage, loss or expense arising from any act or omission <br />ATTACEMENT NO. 9-8 <br />DOCSOCI1400673 v 141200272.0001