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201201420
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3/19/2012 3:47:25 PM
Creation date
2/27/2012 8:45:38 AM
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DEEDS
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201201420
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�4�20�4�0 <br />any foreclosure proceedings and exercise its other remedies granted in this Deed of Trust <br />against all or any part of the Mortgaged Property and Grantor waives any objections to the <br />commencement or continuation of a foreclosure of this Deed of Trust or exercise of any other <br />remedies hereunder based on such other proceedings or judgments, and waives any right to <br />seek to dismiss, stay, remove, transfer or consolidate either any action under this Deed of <br />Trust or such other proceedings on such basis. Neither the commencement nor continuation <br />of proceedings to foreclose this Deed of Trust, nor the exercise of any other rights hereunder <br />or the recovery of any judgment by Beneficiary in any such proceedings or the occurrence of <br />any sale in any such proceedings shall prejudice, limit or preclude Beneficiary's right to <br />commence or continue one or more foreclosure or other proceedings or obtain a judgment <br />against any other collateral (either in or outside the State in which the Premises are located) <br />which directly or indirectly secures the Lender Obligations, and Grantor expressly waives <br />any objections to the commencement of, continuation of, or entry of a judgment in such other <br />sales or proceedings or exercise of any remedies in such sales or proceedings based upon any <br />action or judgment connected to this Deed of Trust, and Grantor also waives any right to seek <br />to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any <br />sale or action under this Deed of Trust on such basis. It is expressly understood and agreed <br />that to the fullest extent pernutted by law, Beneficiary may, at its election, cause the sale of <br />all collateral which is the subject of a single foreclosure action at either a single sale or at <br />multiple sales conducted simultaneously and take such other measures as are appropriate in <br />order to effect the agreement of the parties to dispose of and administer all collateral securing <br />the Lender Obligations (directly or indirectly) in the most economical and least time- <br />consuming manner. <br />35. Successors and Assi�. All covenants of Grantor contained in this Deed of <br />Trust are imposed solely and exclusively for the benefit of Beneficiary, as Beneficiary for the <br />Lenders, and the Lenders, and no other Person or entity shall have standing to require <br />compliance with such covenants or be deemed, under any circumstances, to be a beneficiary <br />of such covenants, any or all of which may be freely waived in whole or in part by <br />Beneficiary at any time if in the sole discretion of either of them such a waiver is deemed <br />advisable. All such covenants of Grantor shall run with the land and bind Grantor, the <br />successors and assigns of Grantor (and each of them) and all subsequent owners, <br />encumbrances and tenants of the Mortgaged Property, and shall inure to the benefit of <br />Beneficiary and its successors and assigns. The word "Grantor" shall be construed as if it <br />read "Grantors" whenever the sense of this Deed of Trust so requires and if there shall be <br />more than one Grantor, the Lender Obligations of the Grantors shall be joint and several. <br />36. No Waivers etc. Any failure by Bene�ciary to insist upon the strict <br />performance by Grantor of any of the terms and provisions of this Deed of Trust shall not be <br />deemed to be a waiver of any of the terms and provisions hereof, and Beneficiary, <br />notwithstanding any such failure, shall have the right thereafter to insist upon the strict <br />performance by Grantor of any and all of the terms and provisions of this Deed of Trust to be <br />performed by Grantor. Beneficiary may release, regardless of consideration and without the <br />necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged <br />Property, any part of the security held for the Lender Obligations secured by this Deed of <br />Trust without, as to the remainder of the security, in any way impairing or affecting the lien <br />12187-5273/LEGAL 17750578.4 <br />5/1/ 1021 <br />
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