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<br /> � 99' iC�5138
<br /> by the Note and shall operate to reduce such principal by the
<br /> amount of such excess, or if in excess of the principal
<br /> indebtedness, such excess shall be waived or refunded to Grantor.
<br /> It is the express intent hereof that Grantor not pay and Holder of
<br /> the Note (as such term is defined in� the Note) not receive,
<br /> directly or indirectly in any manner whatsoever, interest in excess
<br /> of that which may be legally paid by Grantor under applicable law.
<br /> 4 . 17 Further Assurances. Grantor will, at the expense of
<br /> Grantor, and without expense to Beneficiary, do, execute,
<br /> acknowledge and deliver all such further acts, deeds, conveyances,
<br /> assignments, security agreements, financing statements, notice of
<br /> assignment, transfers and assurances as Beneficiary shall from time
<br /> to time require, for the better assuring, conveying, perfecting,
<br /> mortgaging, assigning, transferring and confirming unto Beneficiary
<br /> and the rights hereby conveyed or assigned or intended now or
<br /> hereafter to be conveyed or assigned, for which Grantor may be or
<br /> may hereafter become bound to convey or assign to Beneficiary, or
<br /> for carrying out the intentions or facilitating the performance of
<br /> the terms of this Deed, or for correcting this Deed, or for filing,
<br /> registering or recording this Deed, and, on demand, will execute
<br /> and deliver, and hereby authorizes Beneficiary to execute in the
<br /> name of Grantor to the extent it may lawfully do so, one or more
<br /> financing or continuation statements or amendments thereto, to
<br /> evidence more effectively the security interest and the lien hereof
<br /> upon all or any part of the Premises and agrees that a photographic
<br /> or other reproduction of this Deed may be used and filed as a
<br /> financing statement. Grantor forthwith upon the execution and
<br /> delivery of this Deed, and thereafter from time to time, will cause
<br /> this Deed and any security instrument creating a security interest
<br /> in the Premises and each instrument of further assurance to be
<br /> filed, registered or recorded in such manner and in such places as
<br /> may be required by any present or future law in order to publish
<br /> notice of and to protect fully the security interest and lien
<br /> hereof upon, and the interest of Beneficiary in the Premises.
<br /> Grantor shall furnish to Beneficiary from time to time a statement
<br /> stating the unpaid principal of and interest on the Note and any
<br /> other amount secured by this Deed and stating whether any offset or
<br /> defense exists against such principal and interest and shall
<br /> further provide such schedules further identifying and describing
<br /> the Premises and such other reports in connection with the Premises
<br /> as Beneficiary may reasonably request, all in reasonable detail.
<br /> 4 . 18 Time of the Essence. Time is of the essence with respect
<br /> to each and every covenant, agreement and obligation of Grantor
<br /> under this Deed.
<br /> 4 . 19 After Acquired Property. If Grantor shall hereafter
<br /> acquire fee simple title to the Premises or any interest in such
<br /> fee simple estate by reason of and/or in accordance with the Ground
<br /> Lease, or otherwise, then and thereupon Grantor shall join in a
<br /> written instrument amending this Deed for the purpose of subjecting
<br /> the fee simple estate in and to the Premises to the lien of this
<br /> Deed. In addition to any other rights granted to Beneficiary under
<br /> this Deed, if Grantor fails or refuses to do so, Grantor hereby
<br /> appoints Beneficiary to execute all documents and instruments and
<br /> to take all actions, in Grantor' s name or otherwise, as Beneficiary
<br /> shall deem necessary or expedient to cause such fee simple estate
<br /> to be subordinate in all respects to the lien of this Deed. This
<br /> power of attorney is irrevocable and is coupled with an interest.
<br /> 4 . 20 Additional Provisions. This Deed also secures the
<br /> following:
<br /> (a) The payment of all other obligations owing by
<br /> Grantor or any guarantor of the Secured Indebtedness to
<br /> Beneficiary, whenever and however incurred or evidenced, whether
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