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.jp 01.0492 27 <br />exclusive of any other right, power or remedy, and each and <br />every such right, power and remedy shall be cumulative and <br />concurrent and in addition to any other right, power and <br />remedy given hereunder or now or hereafter existing at law <br />or in equity or by statute. <br />ARTICLE III <br />Miscellaneous <br />SECTION 3.01. Partial Invalidity. In the event <br />any one or more of the provisions contained in this Deed of <br />Trust shall for any reason be held to be invalid, illegal or <br />unenforceable in any respect, such validity, illegality or <br />unenforceability shall, at the option of Beneficiary, not <br />affect any other provision of this Deed of Trust, and this <br />Deed of Trust shall be construed as if such invalid, illegal <br />or unenforceable provision had never been contained herein <br />or therein. <br />SECTION 3.02. Notices. All notices to be sent <br />and all documents to be delivered hereunder shall be in <br />writing, shall be delivered by hand or overnight courier <br />service, mailed or sent by telex, telecopy or facsimile <br />transmission, and shall be deemed to have been given on the <br />date of receipt if delivered by hand or overnight courier <br />service or sent by telex, telecopy or facsimile <br />transmission, or on the date five Business Days after <br />dispatch by certified or registered mail if mailed, in each <br />case delivered, sent or mailed (properly addressed) to any <br />party hereto at the address or addresses specified in <br />Section 10.01 of the Credit Agreement or at such other <br />address or addresses of which it shall have notified the <br />party giving such notice in accordance with said <br />Section 10.01. <br />SECTION 3.03. Successors and Assigns. All of the <br />grants, covenants, terms, provisions and conditions herein <br />shall run with the Premises and the Improvements and shall <br />apply to, bind and inure to, the benefit of the permitted <br />successors and assigns of Grantor and the successors and <br />assigns of Beneficiary. <br />SECTION 3.04. Counterparts. This Deed of Trust <br />may be executed in any number of counterparts and all such <br />counterparts shall together constitute but one and the same <br />deed of trust. <br />SECTION 3.05. Satisfaction and Cancellation. <br />(a) The conveyance to Beneficiary created and consummated <br />[NYCorp; 1105401 .3:DPCO2:11 /11/00- 12:05a] <br />(Hall County) <br />