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201400400
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 3:16:30 PM
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DEEDS
Inst Number
201400400
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(c) Borrower shall have the right but not the obligation to cure up to three (3) <br />consecutive defaults by Lessee in the payment of monthly Fixed Rent under the Lease <br />within the grace period set forth in the Lease, provided that such right shall be limited to <br />six (6) monthly defaults during the life of the Note, and Borrower shall have the right, but <br />not the obligation, to cure any other default by Lessee within the grace periods set forth <br />in the Lease. <br />5. Paragraph 24 of this Security Instrument is hereby deleted in its entirety and <br />replaced with the following: <br />24. Right of Entry. Subject to Lessee's rights under the Lease (provided that no default <br />beyond any applicable notice and/or cure period then exists under the Lease), Deed of <br />Trust Trustee and Lender and their agents shall have the right at any time during normal <br />business hours to enter and inspect the Mortgaged Property. <br />6. Paragraph 25 of this Security Instrument is hereby deleted in its entirety and <br />replaced with the following: <br />25. Remedies. <br />(a) Upon the occurrence and during the continuation of any Event of Default, each of <br />Lender and Deed of Trust Trustee, at the direction of Lender, may take such action, <br />without notice or demand, as it deems advisable to protect and enforce the rights of <br />Lender against Borrower and in and to the Mortgaged Property, including, but not limited <br />to, the following actions, each of which may be pursued concurrently or otherwise, at <br />such time and in such order as Lender may determine, in its sole discretion, without <br />impairing or otherwise affecting the other rights and remedies of Lender: <br />(i) declare the entire Debt (including Prepayment Consideration) to be immediately <br />due and payable; <br />(ii) direct Deed of Trust Trustee to institute proceedings for the foreclosure of this <br />Security Instrument in the manner provided by the laws of the State of West Virginia, in which <br />case the Mortgaged Property or any interest therein may be sold for cash or upon credit in one or <br />more parcels or in several interests or portions and in any order or manner; Borrower agrees that <br />any sale made hereunder may be adjourned from time to time without notice other than oral <br />proclamation of such adjournment at the time and place of sale, or at the time and place of any <br />adjourned sale; <br />(iii) institute an action, suit or proceeding in equity for the specific performance of any <br />covenant, condition or agreement contained herein or in the Note; <br />(iv) subject to paragraph 51 hereof, recover judgment on the Note either before, <br />during or after any proceedings for the enforcement of this Security Instrument; <br />- 148 - <br />201400400 <br />
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