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200206622
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Last modified
10/15/2011 12:34:34 AM
Creation date
10/22/2005 8:53:55 PM
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DEEDS
Inst Number
200206622
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200206622 <br />granted herein or in the Credit Agreement; (iv) releases any part of the Premises from the lien of <br />this Instrument or otherwise changes any of the terms, covenants, conditions or agreements of <br />the Credit Agreement or this Instrument; (v) consents to the filing of any map, plat or replat <br />affecting the Premises; (vi) consents to the granting of any easement or other right affecting the <br />Premises; or (vii) makes or consents to any agreement subordinating the lien hereof, any such act <br />or omission shall not release, discharge, modify, change or affect the original liability under the <br />Credit Agreement, this Instrument or any other obligation of Grantor or any subsequent <br />purchaser of the Premises or any part thereof, or any maker, cosigner, endorser, surety or <br />guarantor; nor shall any such act or omission preclude Beneficiary from exercising any right, <br />power or privilege herein granted or intended to be granted in the event of any default then made <br />or of any subsequent default; nor, except as otherwise expressly provided in an instrument or <br />instruments executed by Beneficiary, shall the lien of this Instrument be altered thereby. In the <br />event of the sale or transfer by operation of law or otherwise of all or any part of the Premises, <br />Beneficiary, without notice, is hereby authorized and empowered to deal with any such vendee <br />or transferee with reference to the Premises or the Obligations secured hereby, or with reference <br />to any of the terms, covenants, conditions or agreements hereof, as fully and to the same extent <br />as it might deal with the original parties hereto and without in any way releasing or discharging <br />any liabilities, obligations or undertakings. <br />4.15 Suits to Protect the Premises. Beneficiary shall have power to institute and <br />maintain such suits and proceedings as it may reasonably deem expedient (a) to prevent any <br />impairment of the Premises by any acts which may be unlawful or any violation of this <br />Instrument, (b) to preserve or protect its interest in the Premises and in the rents, issues, profits <br />and revenues arising therefrom, and (c) to restrain the enforcement of or compliance with any <br />legislation or other governmental enactment, rule or order that Beneficiary, in its reasonable <br />judgment, believes to be unconstitutional or otherwise invalid, if the enforcement of or <br />compliance with such enactment, rule or order would impair the security hereunder or be <br />prejudicial to the interest of Beneficiary. <br />4.16 Beneficiary May File Proofs of Claim. In the case of any receivership, <br />insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other <br />proceedings affecting Grantor, its creditors or its property, Beneficiary, to the extent permitted <br />by law, shall be entitled to file such proofs of claim and other documents as may be necessary or <br />advisable in order to have the claims of Beneficiary allowed in such proceedings for the entire <br />amount due and payable by Grantor under this Instrument at the date of the institution of such <br />proceedings and for any additional amount which may become due and payable by Grantor <br />hereunder after such date. <br />4.17 Multiple Sales. In any judicial proceedings to foreclose this Instrument or <br />nonjudicial exercise of power of sale or any other private or public sale, the Premises, at the <br />option of Beneficiary, may be sold in whole or in part and in the event of such multiple sales, the <br />Obligations shall not be merged into any foreclosure sale or foreclosure judgment so long as <br />there shall remain outstanding any Obligations secured by this Instrument. <br />3102 <br />
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