Laserfiche WebLink
200109054 <br />remedies as otherwise provided in this Deed of Trust. In exercising any of said remedies, Grantee may <br />proceed against the items of real property and any items of personal property specified above as part of <br />the Property separately or together and in any order whatsoever, without in any way affecting the <br />availability of Grantee's remedies under the Uniform Commercial Code or of the remedies otherwise <br />provided in this Deed of Trust. <br />6.08 Successors, Endorsees and Transferees. This Deed of Trust and all provisions <br />hereof shall extend to and be binding upon Grantor, its successors and assigns and all parties claiming by, <br />through or under Grantor. The term "Grantee," shall be deemed to mean and include the endorsee(s), <br />transferee(s) of the holders at any time of any of the Obligations, and the successor or successors and <br />assigns of said Grantee; and the covenants and agreements shall bind and inure to the benefit of the <br />successors and assigns of Grantor and the endorsee(s), transferee(s), assignee(s) and successors of <br />Grantee. <br />6.09 Severability. In the event any part, portion or provisions of this Deed of Trust shall <br />for any reason be illegal, invalid or unenforceable, then such part, portion or provision thereof shall be <br />held to apply only to the extent it is legal, valid and enforceable and such remaining portion thereof shall <br />remain in full force and effect, the same as if such part, portion or provision thereof declared illegal, <br />invalid or unenforceable had not been a part thereof. <br />6.10 Request for Notice; Notice. The parties hereto hereby request that a copy of any <br />notice of default and a copy of any notice of sale be mailed to each party to this Deed of Trust at the <br />addresses specified in the first paragraph of this Deed of Trust. Except for any notice required by law to <br />be given in any other manner, all notices, demand or documents which are required or permitted to be <br />given or served hereunder shall be in writing and shall be deemed given when hand delivered or sent by <br />certified mail return receipt requested or national overnight carrier addressed to the Grantor, Trustee or <br />Grantee, at the addresses specified in the first paragraph of this Deed of Trust. The date of mailing shall <br />be the date of giving of such notice regardless of whether the notice is actually received. Such addresses <br />may be changed from time to time by any party by serving notice as herein provided. <br />6.11 Possession of Property . Until an Event of Default shall occur, Grantor shall be <br />entitled to remain in possession of the Property, and if Grantor shall well and truly pay or cause to be paid <br />the Obligations with interest thereon, and the other obligations hereby secured as and when the same shall <br />become due and payable under the terms thereof, then Grantee shall request Trustee to reconvey the <br />Premises and shall surrender this Deed of Trust and all evidences of indebtedness secured by this Deed of <br />Trust to the Trustee. The Trustee shall reconvey the Premises without warranty and without charge to the <br />person or persons legally entitled thereto at the cost of Grantor. <br />6.12 Condemnation. (a) Grantor hereby irrevocably assigns to Trustee any award or <br />payment which may become payable by reason of any taking of the Property, or any part thereof, whether <br />directly or indirectly, temporarily or permanently, in or by condemnation or other eminent domain <br />proceedings (a "Taking'). Immediately upon receipt by Grantor of notice of the institution of any <br />proceeding or negotiations for a Taking, Grantor shall give notice thereof to Trustee. Trustee may appear <br />in any such proceedings and participate in any such negotiations and may be represented by counsel. <br />Grantor, notwithstanding that Trustee may not be a party to any such proceeding, will promptly give to <br />Grantee copies of all notices, pleadings, judgments, determinations and other papers received by Grantor <br />therein. Notwithstanding anything herein to the contrary, the Trustee shall have the right, at any time, by <br />an instrument in writing executed and delivered to Grantor, to direct the method of conducting all <br />proceedings for a Taking; provided that such direction shall not be otherwise than in accordance with the <br />provisions of law. Grantor will not enter into any agreement permitting or consenting to the taking of the <br />Property, or any part thereof, or providing for the conveyance thereof in lieu of condemnation, with <br />13 <br />