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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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241991173 <br />to appoint one or more persons approved by Beneficiary either to act as separate trustee or <br />trustees or co -trustee or co -trustees jointly with Trustee, of all or any specified part of the <br />Mortgaged Premises; and the person or persons so appointed shall be such separate trustee or co - <br />trustee or co -trustees with such rights and remedies as shall be specified in such instrument to be <br />executed as aforesaid, to the extent not prohibited by law. Any such separate or co -trustee may <br />resign or be removed in the same manner as can Trustee. Trustee and any separate or co -trustees <br />shall have no responsibility for the acts and omissions of each other. <br />44. Reconveyance. Upon written request of Beneficiary stating that all sums secured <br />hereby have been paid and upon surrender of this Deed of Trust and any note to Trustee for <br />cancellation and retention and upon payment by Beneficiary of Trustee's fees, Trustee shall <br />reconvey to Beneficiary, or the person or persons legally entitled thereto, without warranty, any <br />portion of the Mortgaged Premises then held hereunder. The recitals in such reconveyance of any <br />matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any <br />reconveyance may be described as "the person or persons legally entitled thereto". <br />49. Deed of Trust as a Financing Statement. This Deed of Trust will be effective as a <br />financing statement filed as a fixture filing with respect to all fixtures included within the <br />Mortgaged Premises and is to be filed for record in the real estate records of each county where <br />any part of Mortgaged Premises (including said fixtures) is situated. This Deed of Trust covers <br />crops to be grown, timber to be cut and minerals. This Deed of Trust shall also be effective as a <br />financing statement covering any other premises and may be filed in any other appropriate filing <br />or recording office. A carbon, photographic or other reproduction of this Deed of Trust or of any <br />financing statement relating to this Deed of Trust shall be sufficient as a financing statement for <br />any of the purposes referred to in this Section. The mailing address of Grantor is the address of <br />Grantor set forth in the introductory paragraph in this Deed of Trust, and the address of <br />Beneficiary from which information concerning the liens hereof may be obtained is the address <br />of Beneficiary as set forth in the introductory paragraph of this Deed of Trust. <br />50. Final Agreement. THIS DEED OF TRUST, TOGETHER WITH THE OTHER <br />LOAN DOCUMENTS (AS DEFINED IN THE CREDIT AGREEMENT) REPRESENT THE <br />FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY <br />EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS <br />OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE <br />PARTIES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN THE <br />EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS DEED OF TRUST <br />AND THE CREDIT AGREEMENT, THE CREDIT AGREEMENT SHALL CONTROL AND <br />BE DETERMINATIVE. <br />[SIGNATURE PAGE TO FOLLOW] <br />-24- <br />
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