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200313158 <br />extent permitted by this Deed of Trust, the Hall County Deeds of Trust, the Douglas County <br />Deed of Trust, the Adams County Deed of Trust or the Indiana Mortgage until all of the <br />Indebtedness has been paid and discharged in full. Neither Trustor, Other Borrowers nor any <br />person claiming under Trustor or Other Borrowers shall have or enjoy any right to marshaling of <br />assets, all such rights being hereby expressly waived as to Trustor and all persons claiming under <br />Trustor and/or Other Borrowers, including junior lienors. Any foreclosure or other appropriate <br />remedy brought under this Deed of Trust, the Hall County Deeds of Trust, the Douglas County <br />Deed of Trust, the Adams County Deed of Trust and/or the Indiana Mortgage may be brought <br />and prosecuted without regard to the fact that the foreclosure proceeding or other appropriate <br />remedies have or have not been instituted with respect to the Note or any document securing <br />such note. <br />It is the intent of the parties hereto that the conveyance of the Premises or the Premises <br />described in the Hall County Deeds of Trust, the Douglas County Deed of Trust, the Adams <br />County Deed of Trust or the Indiana Mortgage either separately or jointly to the Beneficiary by <br />foreclosure or deed -in -lieu thereof shall not constitute a merger of the fee of any of the above <br />Premises with the mortgages or the deed of trust unless the conveyance document shall so <br />specify. <br />Trustor has caused this Deed of Trust to be executed as of the date first above written. <br />CHIEF INDUSTRIES, INC., <br />a D M are c do <br />By: <br />Robert G. Eihusen <br />Its: President <br />STATE OF MINNESOTA ) <br />ss. <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged before me this 364- day of September, <br />2003, by Robert G. Eihusen, the President of Chief Industries, Inc., a Delaware corporation, on <br />behalf of the corporation. <br />Notary Public <br />WENDY B. ETHEN <br />NOTARY PUBLIC - MINNESOTA <br />My Commission Expires 1 -31 -2005 <br />15311/53;09/30/03 -32- <br />