|
201901174
<br />affected by (and Beneficiary, without notice to anyone, is hereby authorized to make from time to
<br />time) any sale, pledge, surrender, compromise, settlement, release, renewal, extension,
<br />indulgence, alteration, substitution, exchange, change in, modification or disposition of any of
<br />the indebtedness hereby secured, or of any collateral or security therefor, or of any guaranty
<br />thereof, or of any instrument or agreement setting forth the terms and conditions pertaining to
<br />any of the foregoing. Beneficiary may at its discretion at any time grant credit to the Borrower
<br />without notice to Grantor in such amounts and on such terms as Beneficiary may elect (all of
<br />such to constitute additional indebtedness hereby secured) without in any manner impairing the
<br />lien and security interest created and provided for herein. In order to realize hereon and to
<br />exercise the rights granted Trustee and/or Beneficiary hereby and under applicable law, there
<br />shall be no obligation on the part of Trustee, Beneficiary or any other holder of any of the
<br />indebtedness hereby secured at any time to first resort for payment to the Borrower or to any
<br />guaranty of any of the indebtedness hereby secured or any portion thereof or to resort to any other
<br />collateral, security, property, liens or any other rights or remedies whatsoever, and Trustee and
<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 />-21-
<br />
|