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201203312
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Last modified
7/9/2017 8:04:31 PM
Creation date
4/30/2012 9:29:16 AM
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DEEDS
Inst Number
201203312
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201203312 <br />the Obligations and other sums secured hereby, and for the foreclosure of this deed of <br />trust lien; it is further agreed that, to the extent permitted by applicable law, if <br />Beneficiary should institute a suit for the collection of the Obligations and other sums <br />secured hereby, and for a foreclosure of this deed of trust lien; it is further agreed that if <br />Beneficiary should institute a suit for the collection of the Obligations and other sums <br />secured hereby, and for a foreclosure of this deed of trust lien, that he may at any time <br />before the entry of a final judgment in said suit dismiss the same and request the Trustee, <br />his substitute or successor, to sell the Premises in accordance with the provisions of this <br />Deed of Trust. <br />(ii) Beneficiary may, to the extent permitted by applicable law, (A) institute and <br />maintain an action of mortgage foreclosure against all or any part of the Trust Property, <br />(B) institute and maintain an action under the Indenture or any other Transaction <br />Document, (C) sell all or part of the Trust Property (Grantor expressly granting to <br />Beneficiary the power of sale), or (D) take such other action at law or in equity for the <br />enforcement of this Deed of Trust or any of the Transaction Documents as the law may <br />allow. Beneficiary may proceed in any such action to final judgment and execution <br />thereon for all sums due hereunder, together with interest thereon at the Default Rate and <br />all costs of suit, including, but not limited to, reasonable attorneys' fees and <br />disbursements. Interest at the Default Rate shall be due on any judgment obtained by <br />Beneficiary from the date of judgment until actual payment is made of the full amount of <br />the judgment; <br />(iii) Beneficiary may personally, or by its agents, attorneys and employees and <br />without regard to the adequacy or inadequacy of the Trust Property or any other collateral <br />as security for the Obligations enter into and upon the Trust Property and each and every <br />part thereof and exclude Grantor and its agents and employees therefrom without liability <br />for trespass, damage or otherwise (Grantor hereby agreeing to surrender possession of the <br />Trust Property to Beneficiary upon demand at any such time) and use, operate, manage, <br />maintain and control of the Trust Property and every part thereof. Following such entry <br />and taking of possession, Beneficiary shall be entitled, without limitation, (x) to lease all <br />or any part or parts of the Trust Property for such periods of time and upon such <br />conditions as Beneficiary may, in its discretion, deem proper, (y) to enforce, cancel or <br />modify any Lease and (z) generally to execute, do and perform any other act, deed, <br />matter or thing concerning the Trust Property as Beneficiary shall deem appropriate as <br />fully as Grantor might do; <br />(iv) Beneficiary may declare the entire unpaid Obligations to be immediately <br />due and payable; <br />(v) Beneficiary may institute proceedings, judicial or otherwise, for the <br />complete foreclosure of this Deed of Trust under any applicable provision of law, in <br />which case the Real Estate or any interest therein may be sold for cash or upon credit in <br />one or more parcels or in several interests or portions and in any order or manner; <br />(vi) Beneficiary may with or without entry, to the extent permitted and <br />pursuant to the procedures provided by applicable law, institute proceedings for the <br />
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