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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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-16- 200004084 <br />amount of unpaid loan indebtedness which may be outstanding at the time, which is Seventy -Five <br />Million and 00 /100 Dollars ($75,000,000.00). In addition, this Deed of Trust shall also secure any <br />accrued interest on the indebtedness and all unpaid balances of advances made for the payment of <br />taxes, assessments, insurance premiums, reasonable attorney's fees or costs incurred for the <br />protection of the Premises. Trustor further covenants and agrees to repay all such loan advances <br />with interest, and agrees that the covenants contained in this Deed of Trust shall apply to such loan <br />advances as well. <br />7.8 Obligations Unconditional. The obligations of Trustor to make payments of any <br />and all amounts due hereunder shall be absolute and unconditional without defense or set -off by <br />reason of any default whatsoever, including, without limitation a default by any tenant of the <br />Premises under any sublease with Trustor or under any other agreement or instrument between <br />Beneficiary and Trustor, and such payments to Beneficiary shall not be decreased, abated, postponed <br />or delayed for any reason whatsoever, including without limitation, any acts or circumstances that <br />may constitute failure of consideration, destruction of or damage to the Premises, the taking of any <br />part of the Premises, commercial frustration of purpose, failure of any person to perform or observe <br />any agreement, whether expressed or implied, or any duty, liability or obligation arising out of or <br />connected with this Deed of Trust, the Notes or any other Loan Document, or failure of any resident <br />or occupant of the Premises to pay the fees, rentals or other charges owed to Trustor, and irrespective <br />of whether or not any such resident or occupant of the Premises receives either partial or total <br />reimbursement as a credit against such payment, it being the intention of the parties that the <br />payments required of Trustor hereunder will be paid in full when due without any delay or <br />diminution whatsoever. <br />7.9 Substitute Trustee. The Trustee, or if more than one, either of them, may resign <br />by an instrument in writing addressed to Beneficiary, or Trustees may be removed at any time with <br />or without cause by an instrument in writing executed by Beneficiary and recorded among the land <br />records of the jurisdiction in which the Premises is located. In case of the death, resignation, <br />removal, or disqualification of any Trustee, or if for any reason Beneficiary shall deem it desirable <br />to appoint a substitute or successor trustee to act instead of the herein named trustee(s) or any <br />substitute or successor trustees, then Beneficiary shall have the right and is hereby authorized and <br />empowered to appoint successor trustee(s), or substitute trustee(s), without other formality than <br />appointment and designation in writing executed by Beneficiary and the authority hereby conferred <br />shall extend to the appointment of the other successor and substitute trustee(s) successively until the <br />Indebtedness Hereby Secured has been paid in full, or until the Premises is fully and finally sold <br />hereunder. In the event that the Indebtedness Hereby Secured is owned by more than one person or <br />entity, the holder or holders of not less than a majority in the amount of such indebtedness shall have <br />the right and authority to make the appointment of successor or substitute trustee(s) as provided for <br />in the preceding sentence or to remove any Trustee as provided in the first sentence of this Section. <br />Such appointment and designation by Beneficiary, or by the holder or holders of not less than a <br />majority of the Indebtedness Hereby Secured, shall be full evidence of the right and authority to <br />LEASEHOLD DEED OF TRUST 692960.5 <br />
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