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201901173
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Last modified
12/9/2019 6:10:27 PM
Creation date
2/28/2019 4:06:17 PM
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DEEDS
Inst Number
201901173
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201901173 <br />Beneficiary shall have the right to enforce this Deed of Trust irrespective of whether or not other <br />proceedings or steps seeking resort to or realization upon or from any of the foregoing are <br />pending. <br />30. Recovery Limitation. Notwithstanding anything in this Deed of Trust to the <br />contrary, the right of recovery against Grantor under this Deed of Trust shall not exceed $1.00 <br />less than the lowest amount which would render Grantor's obligations under this Deed of Trust <br />void or voidable under applicable law, including fraudulent conveyance law. <br />31. Additional Collateral. Grantor acknowledges that this Deed of Trust is one of <br />several deeds of trust and other security documents (the aforesaid being together called the <br />"Other Security Documents") which secure the indebtedness evidenced by the Notes and certain <br />of the other indebtedness hereby secured. Grantor agrees that the lien of this Deed of Trust shall <br />be absolute and unconditional and shall not in any manner be affected or impaired by any acts or <br />omissions whatsoever of Trustee, Beneficiary or any other holder of any of the indebtedness <br />hereby secured, and without limiting the generality of the foregoing, the lien and security hereof <br />shall not be impaired by any acceptance by Trustee, Beneficiary or any other holder of any of the <br />indebtedness hereby secured of any security for or guarantors upon any of the indebtedness <br />hereby secured or by any failure, neglect or omission on the part of Trustee, Beneficiary or any <br />other holder of any of the indebtedness hereby secured to realize upon or protect any of the <br />indebtedness hereby secured or any collateral or security therefor including the Other Security <br />Documents. The lien and security interest hereof shall not in any manner be impaired or affected <br />by any release (except as to the property released), sale, pledge, surrender, compromise, <br />settlement, renewal, extension, indulgence, alteration, substitution, exchange, change in, <br />modification or disposition of any of the indebtedness hereby secured, or of any of the collateral <br />or security therefor, including, without limitation, the Other Security Documents or of any <br />guaranty thereof, or of any instrument or agreement setting forth the terms and conditions <br />pertaining to any of the foregoing. Beneficiary may at its discretion foreclose, exercise any <br />power of sale, or exercise any other remedy available to it under any or all of the Other Security <br />Documents without first exercising or enforcing any of its rights and remedies hereunder. Such <br />exercise of Beneficiary's rights and remedies under any or all of the Other Security Documents <br />shall not in any manner impair the indebtedness hereby secured, except to the extent of payment, <br />or the lien of this Deed of Trust and any exercise of the rights or remedies of the Beneficiary <br />hereunder shall not impair the lien of any of the Other Security Documents or any of <br />Beneficiary's rights and remedies thereunder. Grantor specifically consents and agrees that <br />Beneficiary may exercise its rights and remedies hereunder and under the Other Security <br />Documents separately or concurrently and in any order that it may deem appropriate. <br />32. Default Rate. For purposes of this Deed of Trust, the term "Default Rate" means, <br />for any day, the rate per annum determined by adding 5% to the Base Rate (as defined in the <br />Credit Agreement) -with any change in such rate per annum as so determined by reason of a <br />change in the Base Rate to become effective on the date of such change in the Base Rate. <br />33. Governing Law. The creation of this Deed of Trust, the perfection of the lien and <br />security interest in the Mortgaged Premises, and the rights and remedies of Beneficiary with <br />respect to the Mortgaged Premises, as provided herein and by the laws of the state in which the <br />-21- <br />
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