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99105138
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Last modified
3/13/2012 5:44:10 PM
Creation date
10/20/2005 11:24:07 PM
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DEEDS
Inst Number
99105138
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� � . <br /> . <br /> . 9g.s05138 <br /> ,:�shall constitute a termination of any lease or sublease unless <br /> Beneficiary or such purchaser shall give written notice thereof to <br /> such tenant or subtenant. <br /> 4.8 Additional Rights of Beneficiarv. Beneficiary shall have <br /> the right from time to time to sue for any sums, whether interest, <br /> principal or any installment of either or both, taxes, penalties, <br /> or any other sums required to be paid under the terms of this Deed, <br /> as the same become due, without regard to whether or not all of the <br /> Secured Indebtedness shall be due on demand, and without prejudice <br /> to the right of Trustee or Beneficiary thereafter to enforce any <br /> appropriate remedy against Grantor including an action of <br /> foreclosure, or any other action, for a default or defaults by <br /> Grantor existing at the time such earlier action was commenced. <br /> 4.9 Advances to Cure Defaults Under Ground Lease. Grantor <br /> hereby authorizes Beneficiary to pay any sums in any form or manner <br /> deemed expedient by Beneficiary to cure any breach or violation <br /> under the Ground Lease and to rely on any representations or <br /> statements of the Landlord. Any such funds expended may be <br /> expended by Beneficiary without inquiry into the accuracy or <br /> validity thereof. Any amounts so expended shall bear interest as <br /> provided in the Note and shall be added to and become part of the <br /> indebtedness hereby secured. <br /> 4 . 10 Acceptance of Trust by Trustee. Grantor agrees that <br /> Trustee accepts this Trust when this Deed, duly executed and <br /> acknowledged, is made of public record as provided by law. Except <br /> as otherwise provided by law, Trustee is not obligated to notify <br /> any party hereto of a pending sale under this Deed or of any action <br /> or proceeding in which Grantor, Beneficiary or Trustee shall be a <br /> party, unless brought by Trustee. The necessity of Trustee herein <br /> named or any successor in trust, making oath or giving bond, is <br /> expressly waived. <br /> 4 . 11 Substitution of Trustee. Grantor agrees that Beneficiary <br /> may, from time to time, without notice to Grantor and with or <br /> without cause, substitute a successor or successors to any Trustee <br /> named herein or acting hereunder to execute this Trust. Upon such <br /> appointment, and without conveyance to the successor Trustee, the <br /> latter shall be vested with all title, powers and duties conferred <br /> upon any trustee herein named or acting hereunder. Each such <br /> appointment and substitution shall be made by written Deed of <br /> Appointment executed by Beneficiary, containing reference to this <br /> Deed and its place of record, which, when duly filed for record in <br /> the property of f ice of the county or counties in which the Property <br /> is situated, shall be conclusive proof of proper appointment of the <br /> successor Trustee. The procedure herein provided for substitution <br /> of Trustee shall not be exclusive of all other provisions for <br /> substitution, statutory or otherwise. <br /> 4 . 12 Covenants Binding on or Inurinq to Successors and <br /> Assigns. All of the covenants herein contained are joint and <br /> several and shall also bind, and the benefits and advantages <br /> thereof shall also inure to, the respective heirs, executors, <br /> administrators, successors and assigns of the parties hereto. <br /> 4 . 13 Number and Gender. Whenever used, the singular number <br /> shall include the plural, the plural the singular and the use of <br /> any gender shall include all genders. <br /> 4 . 14 Cancellation of Deed of Trust. When the Secured <br /> Indebtedness hereby shall have been fully paid to Beneficiary and <br /> all covenants herein to be performed by Grantor shall have been <br /> fully performed, Beneficiary shall cause the lien of this Deed to <br /> be satisfied, discharged and cancelled of record, at the cost and <br /> expense of Grantor and upon cancellation of this Deed, the lien of <br /> -22- <br />
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