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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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-g- C) r��;��g08� <br />or damage occurring by reason of or in connection with the use, operation, maintenance, repair or <br />management of the Premises. <br />3.9 . Compliance with Lease. Trustor shall (a) pay all rents, additional rents, and other <br />sums required to be paid by Trustor as tenant under and pursuant to provisions of the Lease, (b) <br />diligently perform and observe all the terms, covenants and conditions of the Lease on the part of <br />Trustor as tenant thereunder to be performed and observed, unless such performance or observance <br />shall be waived in writing by the lessor, to the end that all things shall be done which are necessary <br />to keep unimpaired the rights of Trustor as tenant under the Lease, and (c) promptly notify <br />Beneficiary of the giving of any notice by the lessor under the Lease to Trustor of any default by <br />Trustor in the performance or observance of any of the terms, covenants or conditions of the Lease <br />on the part of Trustor as tenant thereunder to be performed or observed and deliver to Beneficiary <br />a true copy of such notice. Trustor shall not, without the prior written consent of Beneficiary, which <br />consent shall not be unreasonably withheld or delayed Beneficiary, surrender the Lease or terminate <br />or cancel the Lease, either orally or in writing and Trustor does hereby collaterally assign to <br />Beneficiary, as further security for the payment of the Indebtedness Hereby Secured and for the <br />performance and observance of the terms, covenants and conditions of this Deed of Trust, all of the <br />rights and privileges of Trustor as tenant under the Lease to surrender the leasehold estate created <br />by the Lease or to terminate or cancel the Lease, and any such surrender of the Lease or termination <br />or cancellation of the Lease without the prior written consent of Beneficiary shall be void and of no <br />force and effect. Trustor shall not modify, change, supplement, alter or amend the Lease in any <br />material respect without the Beneficiary's consent, which shall not be unreasonably withheld or <br />delayed. Trustor does hereby collaterally assign to Beneficiary, as further security for the payment <br />of the Indebtedness Hereby Secured and for the performance and observance of the terms, covenants <br />and conditions of this Deed of Trust, all of the rights and privileges of Trustor as tenant under the <br />Lease. If Trustor shall default in the performance or observance of any term, covenant or condition <br />of the Lease on the part of Trustor as tenant thereunder to be performed or observed, then, without <br />limiting the generality of the other provisions of this Deed of Trust and without waiving or releasing <br />Trustor from any of its obligations hereunder, Beneficiary shall have the right, upon ten (10) days <br />prior written notice to Trustor, but shall be under no obligation, to pay any sums and to perform any <br />act or take any action as may be appropriate to cause all of the terms, covenants and conditions of <br />the Lease on the part of Trustor, as tenant thereunder, to be performed or observed on behalf of <br />Trustor, to the end that the rights of Beneficiary in, to and under the Lease shall be kept unimpaired <br />and free from default. If Beneficiary shall make any payment or perform any act or take action in <br />accordance with the preceding sentence, then all sums expended and costs or expenses incurred by <br />Beneficiary in connection therewith, shall be paid by Trustor to Beneficiary upon demand and all <br />such sums, costs or expenses shall be deemed to be secured by the lien of this Deed of Trust and <br />shall be repaid with interest. In any such event, Beneficiary and any person designated by it shall <br />have and are hereby granted the right to enter upon the Premises at any time and from time to time <br />for the purpose of taking any such action. Trustor shall, from time to time, make reasonable efforts <br />LEASEHOLD DEED OF TRUST 692960.5 <br />
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