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201703609
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Last modified
7/3/2017 5:40:33 PM
Creation date
5/31/2017 1:55:59 PM
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DEEDS
Inst Number
201703609
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5.18 Maintenance of Encumbrance Amount. If at any time this Security Instrument <br />shall secure less than all of the principal amount of the Secured Indebtedness, it is expressly agreed <br />that any repayments of the principal amount of the Secured Indebtedness shall not reduce the <br />amount of the encumbrance of this Security Instrument until the encumbrance amount shall equal <br />the principal amount of the Secured Indebtedness outstanding. <br />5.19 Waiver of Marshalling Rights. Grantor, for itself and for all parties claiming <br />through or under Grantor, and for all parties who may acquire a lien on or interest in the Property <br />and Collateral, hereby waives all rights to have the Property and Collateral and /or any other <br />property, which is now or later may be security for any Secured Indebtedness marshalled upon any <br />foreclosure of the lien of this Security Instrument or on a foreclosure of any other lien or security <br />interest against any security for any of the Secured Indebtedness. Grantee shall have the right to <br />sell, and any court in which foreclosure proceedings may be brought shall have the right to order a <br />sale of, the Property and any or all of the Collateral or other property as a whole or in separate <br />parcels, in any order that Grantee may designate. <br />5.20 Additional Provisions. The following provisions shall also constitute an integral <br />part of this Security Instrument. Furthermore, in the event that any prior provisions of this <br />Security Instrument conflict with the following provisions of this Section, the provisions of this <br />Section shall control and shall be deemed a modification of or amendment to the section or <br />provision at issue: <br />NAI- 1502659666v3 <br />201703609 <br />(a) Payment of Taxes and Fees. Grantor agrees to pay all transfer taxes, <br />recordation taxes, recording fees, and any other fees required by or imposed by the State or <br />the county in which the Premises is located in order to record this Security Instrument in <br />the Recorder's Office of the County in which the Premises are located. <br />(b) No Assumption of Obligations. In the event of a foreclosure of the <br />Property, neither Grantee nor any Grantee shall assume any liability of Grantor for <br />Grantor's violation of any environmental laws, statutes, codes, regulations, or practices <br />and Grantor's indemnifications as contained herein and in the Credit Agreement and the <br />other Loan Documents shall survive said foreclosure. <br />(c) Waiver. All rights and remedies of Grantee shall be cumulative and may be <br />exercised singly or concurrently. Notwithstanding anything herein contained to the <br />contrary, Grantor to the extent permitted by applicable law: (i) hereby waives trial by jury; <br />(ii) will not (a) at any time insist upon, or plead, or in any manner whatever claim or take <br />any benefit or advantage of any stay or execution or moratorium law, any exemption for <br />execution of sale of the Property or any part thereof, wherever enacted, now or at any time <br />hereafter enforced, which may affect the covenants and terms of performance of this <br />Security Instrument, nor (b) claim, take or insist upon any benefit or advantage of any law <br />now or hereafter enforced providing for the evaluation or appraisal of the Property, or any <br />part thereof, prior to any sale or sales thereof which may be made pursuant to any provision <br />herein, or pursuant to the decree, judgment or order of any court of competent jurisdiction, <br />nor (c) after any such sale or sales, claim, or exercise any right under any statute heretofore <br />or hereafter enacted to redeem the property so sold or any part thereof; (iii) hereby <br />-27- <br />
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