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200403670
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200403670
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Last modified
10/16/2011 2:51:00 PM
Creation date
10/21/2005 12:39:46 AM
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DEEDS
Inst Number
200403670
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200403674 <br />(b) to the payment of the Indebtedness and performance of the <br />Obligations in such manner and order of preference as set forth in the Loan Agreement; <br />and <br />(c) the balance, if any, to the payment of the Persons legally <br />entitled thereto. <br />Section 5.8 Occupancy After Foreclosure. Except as otherwise <br />required by applicable law, any sale of the Trust Property or any part thereof in <br />accordance with Section 5.1(e) or Section 5.1(f) hereof will divest all right, title and <br />interest of Grantor in and to the property sold. Subject to applicable law, any purchaser <br />at a foreclosure sale will receive immediate possession of the property purchased. If <br />Grantor retains possession of such property or any part thereof subsequent to such sale, <br />Grantor will be considered a tenant at sufferance of the purchaser, and will, if Grantor <br />remains in possession after demand to remove, be subject to eviction and removal, <br />forcible or otherwise, with or without process of law. <br />Section 5.9 Additional Advances and Disbursements; Costs of <br />Enforcement. <br />(a) If any Event of Default exists, Beneficiary shall have the <br />right, but not the obligation, to cure such Event of Default in the name and on behalf of <br />Grantor. All sums advanced and expenses incurred at any time by Beneficiary under this <br />Section 5.9, or otherwise under this Deed of Trust or any of the other Loan Documents or <br />applicable law, shall bear interest from the date that such sum is advanced or expense <br />incurred, to and including the date of reimbursement, computed at the rate or rates at <br />which interest is then computed on the Indebtedness, and all such sums, together with <br />interest thereon, shall be secured by this Deed of Trust. <br />(b) Grantor shall pay all expenses (including reasonable <br />attorneys' fees and expenses and all costs and expenses related to legal work, research <br />and litigation) of or incidental to the perfection and enforcement of this Deed of Trust <br />and the other Loan Documents, or the enforcement, compromise or settlement of the <br />Indebtedness or any claim under this Deed of Trust and the other Loan Documents, and <br />for the curing thereof, or for defending or asserting the rights and claims of Beneficiary in <br />respect thereof, by litigation or otherwise. <br />Section 5.10 No Mortgagee in Possession. Neither the enforcement of <br />any of the remedies under this Article 5, the assignment of the Rents and Leases under <br />Article 6, the security interests under Article 7, nor any other remedies afforded to <br />Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or <br />Trustee to be deemed or construed to be a mortgagee in possession of the Trust Property, <br />to obligate Beneficiary or Trustee to lease the Trust Property or attempt to do so, or to <br />LA/975395.1 12 <br />
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