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200111898
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Last modified
10/14/2011 12:48:19 PM
Creation date
10/20/2005 11:16:33 PM
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DEEDS
Inst Number
200111898
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-21- 200111898 <br />now or hereafter in force, notwithstanding that some or all of the Obligations may now or <br />hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Lien, assignment or <br />otherwise; neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect the Trustee's or the Beneficiary's right to realize upon or enforce any other security <br />now or hereafter held by the Trustee or the Beneficiary, it being stipulated that the Trustee and <br />the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other <br />security now or hereafter held by the Trustee or the Beneficiary in such order and manner as the <br />Trustee or the Beneficiary, in its sole discretion, may determine; every power or remedy given <br />by the Credit Agreement, this Deed of Trust or any of the other Loan Instruments to the Trustee <br />or the Beneficiary, or to which the Trustee or the Beneficiary is otherwise entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by the Trustee or the Beneficiary, and either of them may pursue inconsistent <br />remedies. <br />Section 4.07. Waiver of Stay, Extension, Moratorium Laws, Equity of <br />Redemption. To the maximum extent permitted by law, the Trustor shall not at any time insist <br />upon, or plead, or in any manner whatever claim or take any benefit or advantage of any <br />applicable present or future stay, extension or moratorium law, that may affect observance or <br />performance of the provisions of this Deed of Trust; nor claim, take or insist upon any benefit or <br />advantage of any present or future law providing for the valuation or appraisal of the Trust Estate <br />or any portion thereof prior to any sale or sales thereof that may be made under or by virtue of <br />Section 4.02; and the Trustor, to the extent that it lawfully may, hereby waives all benefit or <br />advantage of any such law or laws. The Trustor for itself and all who may claim under it, hereby <br />waives, to the maximum extent permitted by applicable law, any and all rights and equities of <br />redemption from sale under the power of sale created hereunder or from sale under any order or <br />decree of foreclosure of this Deed of Trust and (if a Default shall have occurred) all notice or <br />notices of seizure, and all right to have the Trust Estate marshalled upon any foreclosure hereof. <br />Neither the Trustee nor the Beneficiary shall be obligated to pursue or exhaust its rights or <br />remedies as against any other part of the Trust Estate and the Trustor hereby waives any right or <br />claim of right to have the Trustee or the Beneficiary proceed in any particular order. <br />ARTICLE 5 <br />The Trustee <br />Section 5.01. Acceptance by Trustee. The Trustee accepts this trust when this <br />Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. <br />Deed of Trust <br />NY 1: #3303402v2 <br />
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