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201503380
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11/5/2015 9:11:37 PM
Creation date
5/26/2015 2:56:59 PM
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DEEDS
Inst Number
201503380
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thereof. <br />201503380 <br />4.15 Releases, Extensions, Modifications and Additional Security. Without notice to or the consent, <br />approval or agreement of any persons or entities having any interest at any time in the Real Property or <br />in any manner obligated under any Secured Obligation (each, an "Interested Party"), Beneficiary may, <br />from time to time, release any Interested Party from liability for the payment of any Secured Obligation, <br />take any action or make any agreement extending the maturity or otherwise altering the terms or <br />increasing the amount of any Secured Obligation, accept additional security, and enforce, waive, <br />subordinate or release all or a portion of the Real Property or any other security for any Secured <br />Obligation. None of the foregoing actions shall release or reduce the personal liability of any Interested <br />Party, nor release or impair the priority of the lien of this Deed of Trust upon the Real Property. <br />4.16 Reconveyance. Upon Beneficiary's written request, and solely to the extent required by applicable <br />law upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured <br />Obligations to Trustee for cancellation, Trustee shall reconvey, without warranty, the Real Property, or <br />that portion thereof then covered hereby, from the lien of this Deed of Trust. The recitals of any matters <br />or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. <br />To the extent permitted by law, the reconveyance may describe the grantee as "the person or persons <br />legally entitled thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of <br />persons claiming to be rightful grantees of any reconveyance. When the Real Property has been fully <br />reconveyed, the last such reconveyance shall operate as a reassignment of all future Rents to the <br />person or persons legally entitled thereto. Upon Beneficiary's demand, Trustor shall pay all costs and <br />expenses incurred by Beneficiary in connection with any reconveyance. <br />4.17 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether or not ,1 <br />released of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the <br />proceeds of any Secured Obligation. <br />4.18 Trustor Different From Obligor ( "Third Party Trustor"). As used in this Section, the term "Obligor" <br />shall mean each person or entity obligated in any manner under any of the Secured Obligations; and the <br />term "Third Party Trustor" shall mean (1) each person or entity included in the definition of Trustor herein <br />and which is not an Obligor under all of the Secured Obligations, and (2) each person or entity included <br />in the definition of Trustor herein if any Obligor is not included in said definition. <br />(a) Representations and Warranties. Each Third Party Trustor represents and warrants to Beneficiary <br />that: (i) this Deed of Trust is executed at an Obligor's request; (ii) this Deed of Trust complies with all <br />agreements between each Third Party Trustor and any Obligor regarding such Third Party Trustor's <br />execution hereof; (iii) Beneficiary has made no representation to any Third Party Trustor as to the <br />creditworthiness of any Obligor; and (iv) each Third Party Trustor has established adequate means of <br />obtaining from each Obligor on a continuing basis financial and other information pertaining to such <br />Obligor's financial condition. Each Third Party Trustor agrees to keep adequately informed from such <br />means of any facts, events or circumstances which might in any way affect such Third Party Trustor's <br />risks hereunder. Each Third Party Trustor further agrees that Beneficiary shall have no obligation to <br />disclose to any Third Party Trustor any information or material about any Obligor which is acquired by <br />Beneficiary in any manner. The liability of each Third Party Trustor hereunder shall be reinstated and <br />revived, and the rights of Beneficiary shall continue if and to the extent that for any reason any amount <br />at any time paid on account of any Secured Obligation is rescinded or must otherwise be restored by <br />Beneficiary, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as <br />though such amount had not been paid. The determination as to whether any amount so paid must be <br />rescinded or restored shall be made by Beneficiary in its sole discretion; provided however, that if <br />Beneficiary chooses to contest any such matter at the request of any Third Party Trustor, each Third <br />DeedOfTrust -NE Job 2027330610 - 1966041276 Term Loan Vers.1 05/15/2015 Page 10 of 20 <br />rointotItuterf <br />
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