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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 />discretion. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy given by any of the <br />Transaction Documents to Beneficiary or Trustee or to which either may otherwise be entitled, <br />may be exercised, concurrently or independently, from time to time and as often as may be <br />deemed expedient by Beneficiary or Trustee as the case may be. In no event shall Beneficiary or <br />Trustee, in the exercise of the remedies provided in this Deed of Trust (including, without <br />limitation, in connection with the assignment of Rents to Beneficiary, or the appointment of a <br />receiver and the entry of such receiver on to all or any part of the Trust Property), be deemed a <br />,'mortgagee in possession," and neither Beneficiary nor Trustee shall in any way be made liable <br />for any act, either of commission or omission, in connection with the exercise of such remedies <br />except gross negligence or willful misconduct after Beneficiary takes possession or title. <br />23. Multivle Security. If (a) the Premises shall consist of one or more parcels, <br />whether or not contiguous and whether or not located in the same county, or (b) in addition to <br />this Deed of Trust, Beneficiary shall now or hereafter hold or be the beneficiary of one or more <br />additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the <br />Obligations upon other property in the State in which the Premises are located (whether or not <br />such property is owned by Grantor or by others) or (c) both the circumstances described in <br />clauses (a) and (b) shall be true, then to the fullest extent permitted by law, Beneficiary may, at <br />its election, commence or consolidate in a single trustee's sale or foreclosure action all trustee's <br />sale or foreclosure proceedings against all such collateral securing the Obligations (including the <br />Trust Property), which action may be brought or consolidated in the courts of, or We conducted <br />in, any county in which any of such collateral is located. Grantor acknowledges that the right to <br />maintain a consolidated trustee's sale or foreclosure action is a specific inducement to <br />Beneficiary to extend the indebtedness evidenced by the Indenture, and Grantor expressly and <br />irrevocably waives any objections to the commencement or consolidation of the foreclosure <br />proceedings in a single action and any objections to the laying of venue or based on the grounds <br />of forum non conveniens which it may now or hereafter have. Grantor further agrees that if <br />Trustee or Beneficiary shall be prosecuting one or more foreclosure or other proceedings against <br />a portion of the Trust Property or against any collateral other than the Trust Property, which <br />collateral directly or indirectly secures the Obligations, or if Beneficiary shall have obtained a <br />judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a <br />trustee's sale, shall have met the statutory requirements therefor with respect to such collateral), <br />then, whether or not such proceedings are being maintained or judgments were obtained in or <br />outside the State in which the Premises are located, Beneficiary may, commence or continue any <br />trustee's sale or foreclosure proceedings and exercise its other remedies granted in this Deed of <br />Trust against all or any part of the Trust 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 seek <br />to dismiss, stay, remove, transfer or consolidate either any action under this Deed of Trust or <br />such other proceedings on such basis. Neither the commencement nor continuation of <br />proceedings to sell the Trust Property in a trustee's sale, to foreclose this Deed of Trust nor the <br />exercise of any other rights hereunder nor the recovery of any judgment by Beneficiary or the <br />occurrence of any sale by the Trustee in any such proceedings shall prejudice, limit or preclude <br />Beneficiary's right to commence or continue one or more trustee's sales, foreclosure or other <br />
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