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2� 1 ��7977
<br /> Benefxciary and at the directxon of the Benefxcxary as t� th� manner of such ex�rcise or waiver,
<br /> provxded that the Trustee sha1T have th�right to declxne to foxlow any such request or directxon if
<br /> the Trustee sha1� be ad�xsed by counse� that the action or praceedxng, or manner thereof, sa
<br /> dire�ted may not�awfully be ta�en or waived.
<br /> ARTICLE V.
<br /> P�SSESSI�N UNTIL DEFAULT; SATISFACTI�N
<br /> Sectxon 5.�1. Possessi�n Untx�Default, Untxx on�nr more E�ents of Default shall ha�e
<br /> accurred, �he Clrantor shalx be permitted to retaan actua� possession �f the Trust Es�ate, and to
<br /> manage, op�rate and use the same and any pa�-t thereaf, vvxth the rights and franchises
<br /> app�rta�.n�ing thereto, �n�luding, without lxmitat�on, to coliect, recex�e, take, use and enjay the
<br /> rents, re�enues, issues, earxungs, xncome, products, prafits and proce�ds thereof �r therefrom,
<br /> subject to the provisi�ns of this Deed of Trust.
<br /> Section 5.��. Satzsfactian. If the Grantor sha�1 we�I and truly pay or cause to be paid
<br /> the �bligations at the times and xn the manner pro�ided in the Lease Documents, and sha1l al.sa
<br /> pay or cause to be paid a�.1 other sums payab�e by the �rantor hereund�r, and shal� keep and
<br /> p�rform al� cavenar�ts herexn arxd xn al.� Lease Documents required to be kept and performed by
<br /> �t, and there are na further obl�gations to ma�e ad�ance� to the Grantor under any of the Lease
<br /> I3�cuments, then and�n that case, a].�prop�rty, rights and xnterest here�y con�eyed or assxgned or
<br /> pledged sha11, up�n the writ�en request of the Grantor, revert to the Grantor and the estate, right,
<br /> ti��� and xnterest of the Beneficiary sha1X thereupon cease, detern�ine ar�d bec�m� voxd, and the
<br /> Benef�ciary, xn such case, at the Beneficiary's cost and expense, sha1� enter satxsfaction of th�is
<br /> D��d of Trust upon the rec�rd.
<br /> ARTICLE VI.
<br /> MIS�ELLANE�US
<br /> Section�.�1. Property De�med Real Property. It xs hereby d�clared to be the
<br /> xntention of the Grant�r that alx the Trust Estate, inc�uding, without limitation, al� rights of way
<br /> and easements granted ar given to the�rantor or obtained by�t to use real pr�perty in conne�ti�n
<br /> with the constructxon, acquis�tion, ownership, use or operati�n �f the buiXdings or impro�ements
<br /> located on the rea]. property encumbered hereby, and, except as o�herwise pra��ded xn the Lease
<br /> Do�uments, al.� other property physical�y atta�hed to any of the foregoing, 1nc�uding fi�tures now
<br /> ar xn the fu�ure attached�a any of the forega�ng, sha�1 be deemed ta be real property.
<br /> Sectian 6.�2. Deed of Trust to Bind and Benefit Success�rs and Assigns. Al� of the
<br /> c��enants, stxpulations, promises, undertakings and agreements herein c�ntained by or an behal.f
<br /> of the Grantor shal.� bind its successors and assxgns, whether sa specxfied ar nat, and a�X tit�es,
<br /> UO I-��75�51-Q�� 12
<br /> FCL NE 21�9
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