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200206622 ARTICLE V MISCELLANEOUS PROVISIONS 5.01 Successors and Assigns. Subject to the provisions of Section 3.12 hereof, this Instrument shall inure to the benefit of and be binding upon Grantor, Beneficiary and Trustee and their respective heirs, executors, legal representatives, successors and assigns. Whenever a reference is made in this Instrument to Grantor, Beneficiary or Trustee such reference shall be deemed to include a reference to the heirs, executors, legal representatives, successors and permitted assigns of Grantor, Beneficiary or Trustee. 5.02 Terminology. All personal pronouns used in this Instrument whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Titles of Articles and Sections are for convenience only and neither limit nor amplify the provisions of this Instrument itself, and all references herein to Articles, Sections or Subsections thereof, shall refer to the corresponding Articles, Sections or Subsections thereof, of this Instrument unless specific reference is made to such Articles, Sections or Subsections thereof of another document or instrument. 5.03 Severability. If any provision of this Instrument or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Instrument and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 5.04 APPLICABLE LAW. THIS INSTRUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ITS LAWS RELATING TO CONFLICTS OF LAWS, EXCEPT TO THE EXTENT THAT THE LAWS OF THE STATE WHERE THE PREMISES ARE LOCATED SHALL GOVERN THE ATTACHMENT, CREATION, VALIDITY, PRIORITY, PERFECTION OR MANNER OR PROCEDURE FOR ENFORCEMENT OF THE LIENS OR SECURITY INTERESTS CREATED BY THIS INSTRUMENT; PROVIDED, HOWEVER, ANY REMEDIES PROVIDED IN THIS INSTRUMENT WHICH ARE VALID UNDER THE LAWS OF THE JURISDICTION WHERE PROCEEDINGS FOR THE ENFORCEMENT OF THIS INSTRUMENT ARE TAKEN SHALL NOT BE AFFECTED BY ANY INVALIDITY UNDER THE LAWS OF THE STATE OF GEORGIA. 5.05 Notices. Except as otherwise provided herein, any notice required hereunder shall be in writing and either shall be delivered in person, by telegraph, telex or facsimile transmission, or by registered or certified mail, return receipt requested, postage prepaid, and shall be deemed to have been validly served, given or delivered on the date of delivery in person or delivery by telex, telegram or facsimile transmitter or three (3) days after deposit in the United States Postal Service and addressed to the party to be notified at its address set forth in the opening paragraph hereof or to such other address as each party may designate for itself by like notice. 5.06 Substitution of Trustee. Beneficiary has the power and shall be entitled, in its sole discretion and without cause, successively to remove Trustee, or any successor trustee, and to -20-