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202110605
<br />No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article, the
<br />assignment of the Rents and Leases under Article 2, the security interests under Article 3, nor any other
<br />remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or
<br />Trustee to be deemed or construed to be a mortgagee in possession of the Property, to obligate Beneficiary
<br />or Trustee to lease the Property or attempt to do so, or to take any action, incur any expense, or perform
<br />or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.
<br />ARTICLE 7 — MISCELLANEOUS
<br />Notices. All notices, approvals, consents, and other communications, under this deed of trust ("Notices")
<br />must be in writing and mailed or delivered to the address specified herein. All Notices will be deemed to
<br />be given or made upon the earlier to occur of: (1) actual receipt by the intended recipient; or (2) (A) if
<br />delivered by hand or by courier, upon delivery; or (B) if delivered by mail, four Business Days after deposit
<br />in the U.S. mail, properly addressed, postage prepaid; except that notices and other communications to
<br />Beneficiary will not be effective until actually received by Beneficiary. Notices must be mailed or delivered,
<br />if to Trustor, to the address adjacent Trustor's signature below; if to Trustee, at 1700 Farnam Street, Suite
<br />1500, Omaha, NE 68102; if to Beneficiary, to Brighthouse Life Insurance Company, c/o MetLife Investment
<br />Management, LLC, 10801 Mastin Blvd., Ste. 700, Overland Park, KS 66210, Attn: LMG Director, with a
<br />carbon copy to Brighthouse Life Insurance Company, c/o MetLife Investment Management, LLC, 10801
<br />Mastin Blvd., Ste. 700, Overland Park, KS 66210, Attn: Director, CRO.
<br />ARTICLE 8— TRUSTEE
<br />From time to time, Beneficiary may substitute a successor to any Trustee named in or acting under this
<br />deed of trust in any manner now or later to be provided at law, or by a written instrument executed and
<br />acknowledged by Beneficiary and recorded in the office(s) of the recorder(s) of the county or counties where
<br />the Land and Improvements are situated. Any such instrument is conclusive proof of the proper substitution
<br />of the successor Trustee, who will automatically upon recordation of the instrument succeed to all estate,
<br />title, rights, powers and duties of the predecessor Trustee, without conveyance from it. Trustor waives any
<br />requirement that Trustee make an oath or give a bond. Trustee, or any one acting in its stead, may, employ
<br />agents and attorneys in the execution of this trust and/or in the conducting of any sale made pursuant to
<br />the terms hereof, and pay for such services rendered out of the proceeds of the sale of the Property; and if
<br />there is no sale or if the proceeds of sale are insufficient to pay for such services, then Trustor will pay the
<br />cost of such services to Trustee. Trustee may rely on any document believed by it in good faith to be
<br />genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but
<br />except to the extent otherwise required by applicable law, need not be segregated; and Trustee will not be
<br />liable for interest thereon.
<br />ARTICLE 9 — RELEASE AND CONVEYANCE
<br />When all of the Secured Obligations have been paid and performed in full, upon written request by Trustor,
<br />Beneficiary shall request Trustee in writing to release and reconvey the Property. When Trustee receives
<br />Beneficiary's written request for release and reconveyance and all fees and other sums owed to Trustee
<br />by Trustor, Trustee shall release this deed of trust and reconvey the Property, or so much of it as is then
<br />held under this deed of trust, without warranty to the person or persons legally entitled to it. That person or
<br />those persons must pay any costs of recordation. In the reconveyance, the grantee may be described as
<br />"the person or persons legally entitled thereto," and the recitals of any matters or facts are conclusive proof
<br />of their truthfulness. Neither Beneficiary nor Trustee will have any duty to determine the rights of persons
<br />claiming to be rightful grantees of any reconveyance.
<br />Entire Agreement. This deed of trust and the other Loan Documents collectively: (1) represent the sum
<br />of the understandings and agreements between Beneficiary and Trustor concerning the Loan; (2) replace
<br />any prior oral or written agreements between Beneficiary and Trustor concerning the Loan; and (3) are
<br />intended by Beneficiary and Trustor as the final, complete and exclusive statement of the terms agreed to
<br />by them.
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />10
<br />Rev. 03.17.2017
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