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201201590
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3/19/2012 3:48:43 PM
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3/1/2012 8:50:41 AM
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DEEDS
Inst Number
201201590
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20i201590 <br />have been declared to be immediately due and payable, or whether notice of default and <br />election to sell has been given under this Deed of Trust. <br />(c) From time to time, Beneficiary may apply to any court of competent <br />jurisdiction for aid and direction in executing and enforcing the rights and remedies <br />created under this Deed of Trust. Beneficiary may from time to time obtain orders or <br />decrees directing, confirming or approving acts in executing and enforcing these rights <br />and remedies. <br />8.4 Mer�. No merger shall occur as a result of Beneficiary's acquiring any other <br />estate in or any other lien on the Property unless Beneficiary consents to a merger in writing. <br />8.5 Joint and Several Liabilitv. If Grantor consists of more than one person, each <br />shall be jointly and severally liable for the faithful performance of all of Grantor's obligations <br />under this Deed of Trust. <br />8.6 Applicable Law. The creation, perfection and enforcement of the lien of this <br />Deed of Trust shall be governed by the law of the Sta.te in which the Property is located. Subject <br />to the foregoing, in all other respects, this Deed of Trust shall be governed by the snbstantive <br />laws of the State of Ohio. <br />8.7 Successors in Interest. T'he terms, covenants and conditions of this Deed of Trust <br />shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. <br />However, this Section 7.7 does not waive the provisions of Section 6.1 above. <br />8.8 Interpretation. <br />(a) Whenever the conte� requires, all words used in the singular will be <br />construed to have been used in the plural, and vice versa, and each gender will � include <br />any other gender. The captions of the sections of this Deed of Trust are for convenience <br />only and do not define or limit any terms or provisions. The word "include(s)" means <br />"include(s), without limitation," and the word "including" means "including, but not <br />limited to." <br />(b) The word "obligations" is used in its broadest and most comprehensive <br />sense, and includes all primary, secondary, direct, indirect, fixed and contingent <br />obligations. It further includes all principal, interest; prepayment charges, late charges, <br />loan fees and any other fees and charges accruing or assessed at any time, as well as all <br />obligations to perform acts or satisfy conditions. <br />(c) No listing of specific insta.nces, items or matters in any way limits the <br />scope or generality of any language of this Deed of Trust. The Exhibits to this Deed of <br />Trust are hereby incorpora.ted in this Deed of Trust. <br />8.9 In-House Counsel Fees. Whenever Grantor is obligated to pay or reimburse <br />Beneficiary for any attorneys' fees where attorneys' fees are recoverable under applicable law, <br />those fees shall include the allocated costs for services of in-house counsel. <br />DEED OF TRUST — Page 20 <br />#3982161 <br />
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