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201203312
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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 />(c) In the event of any breach of any of the covenants, agreements, terms or <br />conditions contained in this Deed of Trust beyond the applicable notice and grace period, if any, <br />Beneficiary or Trustee shall be entitled to enjoin such breach and obtain specific performance of <br />any covenant, agreement, term or condition and Beneficiary and Trustee shall have the right to <br />invoke any equitable right or remedy as though other remedies were not provided for in this <br />Deed of Trust. <br />10. Right of Beneficiary to Credit Sale. Upon the occurrence of any sale made under <br />this Deed of Trust, whether made under the power of sale or by virtue of judicial proceedings or <br />of a judgment or decree of foreclosure and sale, Beneficiary may bid for and acquire the Trust <br />Property or any part thereof. In lieu of paying cash therefor, Beneficiary may make settlement <br />for the purchase price by crediting upon the Obligations or other sums secured by this Deed of <br />Trust the net sales price after deducting therefrom the expenses of sale and the cost of the action <br />and any other sums which Beneficiary is authorized to deduct under this Deed of Trust. In such <br />event, this Deed of Trust, the Indenture, and documents evidencing expenditures secured hereby <br />may be presented to the person or persons conducting the sale in order that the amount so used or <br />applied may be credited upon the Obligations as having been paid. <br />11. Appointment of Receiver, If an Event of Default shall have occurred and be <br />continuing, Beneficiary as a matter of right and without notice to Grantor, unless otherwise <br />required by applicable law, and without regard to the adequacy or inadequacy of the Trust <br />Property or any other collateral as security for the Obligations or the interest of Grantor therein, <br />shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers or <br />other manager of the Trust Property, and Grantor hereby irrevocably consents to such <br />appointment and waives notice of any application therefor (except as may be required by law). <br />Any such receiver or receivers shall have all the usual powers and duties of receivers in like or <br />similar cases and all the powers and duties of Beneficiary in case of entry as provided in this <br />Deed of Trust, including, without limitation and to the extent permitted by law, the right to enter <br />into leases of all or any part of the Trust Property, and shall continue as such and exercise all <br />such powers until the date of confirmation of sale of the Trust Property unless such receivership <br />is sooner terminated. <br />12. Extension, Release. etc. <br />(a) Without affecting the lien or charge of this Deed of Trust upon any portion of the <br />Trust Property not then or theretofore released as security for the full amount of the <br />Obligations, Beneficiary, with appropriate Noteholder approval, may, from time to time and <br />without notice, agree with Grantor to (i) release any person liable for the indebtedness <br />guaranteed under any Transaction Document, (ii) extend the maturity or alter any of the terms <br />of the indebtedness guaranteed under any Transaction Document, (iii) grant other indulgences, <br />(iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's <br />option any parcel, portion or all of the Trust Property, (v) take or release any other or <br />additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure <br />less than all of the principal amount of the Obligations, it is expressly agreed that any <br />repayments of the principal amount of the Obligations shall not reduce the amount of the lien <br />of this Deed of Trust until the lien amount shall equal the principal amount of the Obligations <br />
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