202207758 - Laserfiche WebLink

Browse

202207758 contravene the terms of its articles of incorporation or organization, its by-laws, or any partnership, operating or other agreement governing its affairs. 27. Notice. Any notices and demands under or related to this Deed of Trust shall be in writing and delivered to the Trustor or Trustee at their address stated in this agreement and if to the Beneficiary or Trustee, shall be addressed to Manager Wholesale Lending Services, JPMorgan Chase Bank, N.A., 10 S. Dearborn, IL1-1145 (Floor L2), Chicago, IL 60603-2300 with a copy addressed to Eric Michael Guzowski, JPMorgan Chase Bank, N.A., 111 E Wisconsin Ave, Floor 01, Neenah, WI 54956-3043, by one of the following means: (a) by hand; (b) by a nationally recognized overnight courier service; or (c) by certified mail, postage prepaid, with return receipt requested. Notice shall be deemed given: (a) upon receipt if delivered by hand; (b) on the Delivery Day after the day of deposit with a nationally recognized courier service; or (c) on the third Delivery Day after the notice is deposited in the mail. "Delivery Day" means a day other than a Saturday, a Sunday or any other day on which national banking associations are authorized to be closed. Any party may change its address for purposes of the receipt of notices and demands by giving notice of such change in the manner provided in this provision. This notice provision shall be inapplicable to any judicial or non judicial proceeding where state law governs the manner and timing of notices in foreclosure or receivership proceedings. 28. Miscellaneous. If any provision of this Deed of Trust is in conflict with any statute or rule of law or is otherwise unenforceable for any reason whatsoever, then that provision is null and void to the extent of the conflict or unenforceability and shall be severed from but shall not invalidate any other provision of this Deed of Trust. No waiver by the Lender or the Trustee of any right or remedy granted or failure to insist on strict performance by the Grantor waives any other right or remedy of the Lender and/or the Trustee or waives or bars the subsequent exercise of the same right or remedy by the Lender and/or the Trustee for any subsequent default by the Grantor. All rights and remedies of the Lender and the Trustee are cumulative. These promises and agreements bind and these rights benefit the parties and their respective successors and assigns. If there is more than one Grantor, the obligations under this Deed of Trust are joint and several and their agreements, representations, warranties and covenants shall be individual, joint and several. The Grantor agrees that the Lender may at any time sell or transfer interests in all or any part of the Liabilities to one or more purchasers whether or not related to the Lender. This Deed of Trust and the Related Documents constitute the entire understanding of the parties hereto and may not be amended or altered except by a written instrument that has been signed by the party(ies) against which enforcement of the amendment or alteration is sought. Captions in this Deed of Trust are for convenience of reference only and do not limit the provisions of this Deed of Trust. Time is of the essence in this Deed of Trust. The acceptance by the Trustee of this Deed of Trust shall be evidenced when this Deed of Trust, duly executed and acknowledged, is made of public record as provided by law. The trust created hereby is irrevocable. There shall be no merger of the estate or interest created by this Deed of Trust with any other estate or interest in the Premises at any time held by or for the benefit of the Lender, in any capacity, without the prior written consent of the Lender. The Trustee may, at its option, with or without cause, resign and appoint a successor trustee to any Trustee appointed under this Deed of Trust, in each case, by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee and by applicable law. The Trustee accepts the trust established by this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. At the Lender's option, with or without cause, the Lender may, from time to time, by written instrument executed and acknowledged by the Lender, mailed to the Grantor and 17