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200004084
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Last modified
10/13/2011 1:38:17 PM
Creation date
10/20/2005 8:29:06 PM
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DEEDS
Inst Number
200004084
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-lo- <br />200ju- M4 <br />therefrom pending such proceedings, with such power as the court making such appointment shall <br />confer; (e) the right to exercise all other rights and remedies granted by this Article 5; and (f) the <br />right to demand that Trustor surrender the possession of the Premises subject to the rights of any <br />lessee, to take possession of all or any part of the Premises together with all books, papers and <br />accounts of Trustor pertaining thereto and to operate and manage the same and from time to time <br />to make all needful repairs and improvements as Beneficiary may deem reasonable; and to sublease <br />the Premises or any part thereof in the name of and for the account of Trustor, if permitted by the <br />terms of the Lease or if the consent of the lessor under the Lease is obtained, and to collect and <br />receive and sequester the rents, revenues and other income after deducting all proper costs and <br />expenses of so taking, holding and managing the same including reasonable compensation to <br />Beneficiary for holding and managing the Premises or any part thereof. <br />5.2 Rights and Remedies Cumulative, No Waiver or Release of Obli ation. The rights <br />and remedies of Beneficiary as provided in this Deed of Trust, the Loan Agreement and in the Notes, <br />and in the warranties contained herein and therein shall be cumulative and concurrent, may be <br />pursued separately, successively or together against Trustor or against the Premises, or both, in the <br />sole discretion of Beneficiary, and may be exercised as often as occasion therefor shall arise. <br />Any failure by Beneficiary to insist upon strict performance by Trustor of any of <br />the terms and provisions of this Deed of Trust, the Loan Agreement or of the Notes shall not be <br />deemed a waiver of any of the terms or provisions of this Deed of Trust, the Loan Agreement or the <br />Notes. No delay or omission to exercise any right or power accruing upon any Event of Default shall <br />impair any right or power or shall be construed to be a waiver of any such Event of Default or <br />acquiescence therein; every such right and power may be exercised from time to time and as often <br />as may be deemed expedient. No waiver of any default or Event of Default hereunder by <br />Beneficiary shall extend to or shall affect any subsequent Event of Default or shall impair any rights <br />or remedies consequent thereon. <br />Beneficiary may release, regardless of consideration, any part of the security held <br />for the indebtedness secured by this Deed of Trust without, as to the remainder of the security, in any <br />way impairing or affecting the lien of this Deed of Trust or its priority over any subordinate lien. <br />5.3 Expenses. Upon an Event of Default hereunder, Trustor shall pay to Beneficiary <br />such further amount as shall be sufficient to reimburse it fully for all costs and expenses of collection <br />of the Notes and the enforcement of any security for the Notes including without limitation, <br />Beneficiary's fees and expenses for enforcing this Deed of Trust or any rights hereunder or under the <br />Loan Agreement, reasonable attorneys' fees actually incurred, accountants' and appraisers' fees and <br />expenses, court costs and any taxes and fees or governmental charges incident to such enforcement <br />of rights and collection. <br />LEASEHOLD DEED OF TRUST 692960.5 <br />
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