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it may deem expedient to prevent any impairment of the Security (and the rights of the en ri iar as secured by this Deed of Trust) by any acts which may be unlawful or any violation of this Deed of Trust, h preserve or protect its interest (as described in this Deed of Trust in the Security and in the rents, issues , profits and revenues arising therefrom} and (c) restrain the enforcement of or compliance with any legislation or other ov rn mental enactment, ru l or order that may be unconstitutional or otherwise invalid, i f the enforcement for compliance with such enactment, rule r order would impair the security thereunder or be prejudicial to the interests of the Beneficiary. Section 4.9 Trustee Mai File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, r or ani atio n x arrangement, adjustment, composition or other proceedings affecting the Tru tor, its creditors or its property,, the Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary allowed in such proceedings for the entire amount due and payable h the Tru for under this Deed of Trust at the date of the institution of such proceedings and for any additional amount which may become due and payable by the Tru s for hereunder after such date. ARTICLE LE MISCELLANEOUS Section 5.1 Amendments. This instrument cannot be waived, changed, discharged or t r in ate d orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or t rminati on is sought. Section 5.2 Reconveyance by Trustee. Upon written request of Beneficiary .Mating that all Burns and other obligations secured hereby have been paid or performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Tru s for of Trustee's reasonable fees, Trustee shall re onv to Tru s tor, or to the person or persons legally en t i tl d thereto, without warranty, any portion of the Property then held hereunder. The recitals i n such reconveyance of any matters or facts shall be on l u i e proof of the truthfulness thereof. The grantee in any re o n veyanc a may be described as "the person or person leg all entitled thereto.' Section 5.3 Attorneys' Fees. In the event that any parties hereto resort to legal action in order to enforce the. provisions of this Deed of Trust or defend such suit, the prevailing party shall he entitled to receive reimbursement from the non-prevailing party for all reasonable attorneys" fees and all other costs incurred in common Prig or defending such suit. Section .4 Notices. whenever Beneficiary, Tru s for or Trustee shall d s ire to give or rare any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request, or other communication shall be in writing and shall be effective ive nl if the same is delivered by personal service or mailed by registered or certified mail, post age prepaid, return receipts requested, or by telegram, addressed to the address set forth in the first paragraph of this Deed of Trust. Any party may at any time change its address for ATTACHMENT NO. -7 DOC C11400673v l4/200272 -000l