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200510856
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200510856
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Last modified
3/4/2012 10:39:14 AM
Creation date
11/2/2005 12:06:03 PM
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DEEDS
Inst Number
200510856
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200510856 <br />proceed to cause the sale of the Project in a single sale upon foreclosure including both real and <br />personal property. If the Trustee holds any additional security for any of the obligations secured <br />hereby, it may enforce the terms hereof or otherwise realize upon such additional security, at its <br />option, either before or concurrently herewith or after proceedings for the enforcement hereof and <br />may apply the proceeds upon the indebtedness secured hereby without affecting the status of or <br />waiving any right to exhaust all or any other security, including the security hereunder, and without <br />waiving any breach or default or any right or power whether exercised hereunder or contained <br />herein or in any other instrument providing for such additional security. <br />Section 9.04. No registered owner of any of the bonds shall have any right to <br />institute any suit, action or proceeding in equity or at law hereunder or for any other remedy <br />hereunder unless such owner previously shall have given to the Trustee written notice of any event <br />of default as herein provided and unless the registered owners of not less than fifty -one <br />percent (51 %) in principal amount of the bonds then outstanding shall have made written request <br />of the Trustee, after the right to exercise such powers or rights of action, as the case may be, shall <br />have accrued, either to proceed to exercise the powers herein granted or to institute such action, <br />suit or proceeding in the name of the Trustee and the Trustee shall have refused or neglected to <br />comply with such request within a reasonable time and after being afforded a reasonable <br />opportunity to do so and after having been offered security and indemnity satisfactory to it against <br />the costs, expenses and liabilities to be incurred therein or thereby, as aforesaid. All actions to <br />enforce any provision of this Indenture shall be instituted and maintained for the equal benefit of <br />all owners of the bonds, except that nothing herein contained shall impair the right of any owner of <br />any bond at or after the maturity thereof to reduce the same to judgment. <br />Section 9.05. All rights of action under this Indenture or under any of the bonds <br />secured hereby enforceable by the Trustee may be enforced without the possession of any of the <br />bonds or the production thereof at the trial or other proceedings relative thereto, and any such suit <br />or proceeding instituted by the Trustee shall be brought for the ratable benefit of the owners of the <br />bonds, subject to the provisions of this Indenture. <br />Section 9.06. No waiver of any default or breach of duty by any bondholder or the <br />Trustee shall impair any such right or power or shall be construed to be a waiver of any such <br />default or any subsequent default. <br />A/ <br />
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