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Last modified
10/13/2011 10:22:11 PM
Creation date
10/20/2005 10:31:11 PM
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DEEDS
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200010492
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2�0001C492 25 <br />and /or security interest created hereby marshaled upon any <br />foreclosure of this Deed of Trust. <br />SECTION 2.11. Discontinuance of Proceedings. In <br />case Trustee or Beneficiary shall proceed to enforce any <br />right, power or remedy under this Deed of Trust by <br />foreclosure, entry or otherwise, and such proceedings shall <br />be discontinued or abandoned for any reason, or shall be <br />determined adversely to Trustee or Beneficiary, then and in <br />every such case Grantor, Trustee and Beneficiary shall be <br />restored to their former positions and rights hereunder, and <br />all rights, powers and remedies of Trustee or Beneficiary <br />shall continue as if no such proceeding had been taken. <br />SECTION 2.12. Suits to Protect the Trust <br />Property. Beneficiary shall have power (a) to institute and <br />maintain suits and proceedings to prevent any impairment of <br />the Trust Property by any acts which may be unlawful or in <br />violation of this Deed of Trust, (b) to preserve or protect <br />its interest in the Trust Property and in the Rents arising <br />therefrom and (c) to restrain the enforcement of or <br />compliance with any legislation or other governmental <br />enactment, rule or order that may be unconstitutional or <br />otherwise invalid if the enforcement of or compliance with <br />such enactment, rule or order would impair the security or <br />be prejudicial to the interest of Beneficiary hereunder. <br />SECTION 2.13. Filing Proofs of Claim. In case of <br />any receivership, insolvency, bankruptcy, reorganization, <br />arrangement, adjustment, composition or other proceedings <br />affecting Grantor, Beneficiary shall, to the extent <br />permitted by law, be entitled to file such proofs of claim <br />and other documents as may be necessary or advisable in <br />order to have the Secured Obligations allowed as claims in <br />such proceedings at the date of the institution of such <br />proceedings and for any interest accrued, late charges and <br />additional interest or other amounts due or which may become <br />due and payable hereunder after such date. <br />SECTION 2.14. Possession by Beneficiary. <br />Notwithstanding the appointment of any receiver, liquidator <br />or trustee of Grantor, any of its property or the Trust <br />Property, Beneficiary shall be entitled, to the extent not <br />prohibited by law, to remain in possession and control of <br />all parts of the Trust Property now or hereafter granted <br />under this Deed of Trust to Beneficiary in accordance with <br />the terms hereof and applicable law. <br />SECTION 2.15. Waiver. (a) No <br />by Trustee or Beneficiary to exercise any <br />remedy accruing upon any breach or Event <br />[NYCorp; 1105401 .3:DPCO2:11 /11 /00- 12:05a] <br />delay or failure <br />right, power or <br />of Default shall <br />(Hall County) <br />
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