200107256 - Laserfiche WebLink

Browse

20010725E 21. Waiver of Jury Trial. Grantor and Beneficiary (by its acceptance of this Deed of Trust) hereby knowingly, voluntarily and intentionally waive' any right to a trial by jury in any litigation action or proceeding to enforce or defend any rights under this Deed of Trust or otherwise relating hereto or in connection herewith, and agree that any such action or proceeding shall be tried before a court and not a jury. 22. Successors and Assigns. This Deed of Trust shall be binding upon Grantor and upon the successors, assigns and vendees of Grantor and shall inure to the benefit of Trustee's and Beneficiary's successors and assigns; all references herein to Grantor and to Beneficiary shall be deemed to include their successors and assigns. Grantor's successors and assigns shall include, without limitation, a receiver, trustee or debtor in possession of or for Grantor. Wherever used, the singular number shall include the plural and the plural shall include the singular. 23. Future Advances. This Deed of Trust is given for the purpose of securing extensions of credit which Beneficiary may make to or for Grantor pursuant and subject to the terms and provisions of the Loan Agreement. The parties hereto intend that, in addition to any other debt or obligation secured hereby, this Deed of Trust shall secure unpaid balances of loan advances made after this Deed of Trust is delivered to the proper authorities for filing or recordation, whether made pursuant to an obligation of Beneficiary or otherwise, provided that such advances are within twenty (20) years from the date hereof and in such event, such advances shall be secured to the same extent as if such future advances were made on the date hereof, although there may be no advance made at the time of execution hereof and although there may be no indebtedness outstanding at the time any advance is made. Such loan advances may or may not be evidenced by notes executed pursuant to the Loan Agreement. 24. Cross - Collateralization. Grantor agrees that this instrument and the liens and security interests created hereby secure not only the Loan evidenced by the Note and the other Loan Documents, but also any and all other loans, advances, debts, liabilities, obligations, covenants and duties owing to Beneficiary by Grantor or any affiliate of Grantor, of any kind or nature, whether present or future, whether evidenced by any note, guaranty or other instrument, whether for the payment of money, arising by reason of an extension of credit, loan, guaranty, indemnification or in any other manner and whether direct or indirect (including those acquired by assignment), absolute or contingent, due or to become due, now existing or hereafter arising and however acquired. 25. Estoppel Statements. Grantor, within ten (10) days after the request in person or within fifteen (15) days after request by mail, will furnish a duly acknowledged written statement setting forth the amount of the debt secured by this Deed of Trust, the date to which interest, if any, has been paid and stating either that no offsets or defenses exist against the Obligations, or, if such offsets or defenses are alleged to exist, the nature thereof. 26. No Liens or Transfers. Except for Permitted Liens, Grantor shall not permit any liens, including, but not limited to, a lien in favor of any governmental entity for (a) any liability under federal or state environmental laws or regulations, or (b) damages -15- 003.302830.1