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• <br /> • <br /> obtained in any future or other instance. No amendment to or modification of this Deed <br /> of Trust shall be effective unless and until such amendment or modification is in writing, <br /> executed by Trustor and Beneficiary. Without limiting the generality of the foregoing, <br /> Beneficiary's acceptance of payment of any sum secured hereby after its due date shall <br /> not constitute a waiver by Beneficiary of its right either to require prompt payment when <br /> due of all other sums so secured or to declare default for failure so to pay. <br /> 10.8 Action By Beneficiary. Except as may be otherwise specifically provided <br /> herein, whenever any approval, notice, direction, or consent by the Beneficiary is <br /> required or permitted under this Agreement, such action shall be in writing, and such <br /> action may be given, made or taken by Beneficiary's Executive Director or by any <br /> person who shall have been designated by Beneficiary's Executive Director, without <br /> further approval by the governing board of Beneficiary. Beneficiary shall use <br /> reasonable best efforts to respond to requests for any such approval, notice, direction, <br /> or consent in a timely manner. In any approval, consent, or other determination by <br /> Beneficiary required hereunder, Beneficiary shall act reasonably and in good faith. <br /> 10.9 Joint and Several Liability. If Trustor consists of more than one person or <br /> entity, each shall be jointly and severally liable for the faithful performance of all of <br /> Trustor's obligations under this Deed of Trust. <br /> 10.10 Time is of the Essence. Time is of the essence for each provision of this <br /> Deed of Trust. <br /> SIGNATURES ON FOLLOWING PAGE. <br /> 1177360-2 18 <br />