2� 15�8�57
<br /> E. The prflposed transferee �andlor the sharehalders, general ar limit�d partners,
<br /> members and managers af any corporation, �eneral partnership, lirnited partnership or limited liability
<br /> company�ransf�ree} shall assume the indebt�dness evid�nced by th�Note and the obligations arising
<br /> und�r this Deed of Trust and other Loan Documents andlor guarantee the payment and performance af
<br /> the Nate,Deed of Trus�and ather Loan Do�uments,as Beneficiary shall so require.
<br /> N�TICE - THE SECURED INDEBTEDNESS IS SUBJECT T� ACCELER.ATI�N IN THE
<br /> EVENT UF A TRANSFER�VHI�H IS PR�HIBITED UNDER THIS SECTI�N.
<br /> No transfer, con�eyance, lease, sale or other disposition shall relieve Trust�r from personal
<br /> liability for i�s obligations hereunder �r under the Note, whether or not the �ransferee assumes this
<br /> Deed af Trust. The Beneficiary may, withaut notice to the Trustor, deal with any successor owner of
<br /> al� ar any portion of the Mortgaged Property in the same manner as with th� Trustor, without in ariy
<br /> way discharging the liability of the Trustor hereur�der or under the Note.
<br /> . Section 3.15 -�ffsets. N�offs�t or clairr�that Trustar nflw ar may in the future ha�e against
<br /> Beneficiary shall relie�e Trustor fram paying amoun�s required und�r th� Note ar Deed of Trust or
<br /> performing any other obligatian herein or secured h�reby.
<br /> S ection 3.1� -Further Assurances. Trustor w�ll, upan request of Benef ciary, promptly �
<br /> carrect any�rrors which may be discovered in�h�contents af th�s Deed�f Trust ar in the execution or
<br /> acknow�edgment herevf, and w�ll execute, acknowledge and deli�er such further instruments and do
<br /> such further acts as may be necessary or as may be reasonably requested by the Beneficiary ta carry
<br /> out more effecti�ely the purposes of this Deed af Trust, to subj�ct ta the lien and security interest
<br /> hereby created any of Trustor's properties,rights ar interes� ca�ered or intended to be covered her�by,
<br /> and to perfect and maintain such lien and security interest. Up�n any failure by the Trustor�o do so,
<br /> the Benef ciary may make, execute, record, file, re-record or refile any and aIl such deeds of trust,
<br /> financing statements, continuation statements, instruments, certi�cates and dacuments for and in the
<br /> names of the Trustor, and the Trustor hereby irre��cably appoints the Beneficiary the agent and
<br /> attorney-in-fact af the Trus�or tv do so. Th� Trustor further agrees �o pay ta the Beneficiary, upon
<br /> d�mand, all costs and expenses incurred by the Benef ciary in connection with th� preparation,
<br /> execu�ion,recording, filing and re�l�ng of any such documen�s including title insuranc�premiums fflr
<br /> insuring the priori�y of this Deed of Trust or ather security instrument as a �alid, �rst and subsisting
<br /> lien. However,neither a request sa made by the Beneficiary nor the fai�ure of the Ben�f ciary to make
<br /> such a request shall be construed as a releas� of any of�he Mar�gag�d Property, or any part th�reaf,
<br /> fram the Iien of this Deed of Trust, it being understood and agreed that this covenant and any de�d nf
<br /> �rust or security instrument d�li�ered �o the Ben�ficiary are cumulati�e and given as additional
<br /> security.
<br /> Section 3.17 - Severabili�Y. Shou�d any term, provision, co��nant or c�nd�tion of this Deed
<br /> of Trust be held to he �oid or invalid, the same shall not affect any other term,provis�on, covenant ar
<br /> condition of �his Deed of Trus�, but th� remainder hereof shall be effeeti�e as though such term,
<br /> provisian, co�enant or conditian had not been contained herein. Sh�uld this instrument be or be�ome
<br /> ineff�ctive as a Deed of Trust, then these presents shall be canstrued and enforced as a realty
<br /> martgage,wi�h Trustor being th�mortgagar and Benefic�ary being the martgagee. .
<br /> Section 3.1 S - Interest Rate. Notwi�hstanding any pro�isians herein, or in the Note secured
<br /> hereby, or in the other Loan Documents or any other agreement between Trustor and Bene���ary, the
<br /> 2�
<br />
|