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200600614
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Last modified
1/24/2006 8:20:24 AM
Creation date
1/24/2006 8:20:22 AM
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DEEDS
Inst Number
200600614
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<br />200600614 <br /> <br />exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease <br />or option of the Subject Property or a subordination of the lien of this Deed of Trust. <br /> <br />5.6 Costs. Expenses and Attorneys' Fees. Trustor agrees to pay to Beneficiary immediately upon <br />demand the full amount of all payments, advances, charges, costs and expenses, including court costs <br />and reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Beneficiary's <br />in-house counsel), expended or incurred by Trustee or Beneficiary pursuant to this Article V, whether <br />incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the <br />foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any <br />adversary proceeding, contested matter or motion brought by Beneficiary or any other person) relating <br />to Trustor or in any way affecting any of the Subject Property or Beneficiary's ability to exercise any of <br />its rights or remedies with respect thereto. All of the foregoing shall be paid by Trustor with interest <br />from the date of demand until paid in full at the highest rate per annum payable under any Secured <br />Obligation. <br /> <br />5.7 Power to File Notices and Cure Defaults. Trustor hereby irrevocably appoints Beneficiary and its <br />successors and assigns as Trustor's true attorney-in-fact to perform any of the following powers, which <br />agency is coupled with an interest: (a) to execute and/or record any notices of completion, cessation of <br />labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b) <br />upon the occurrence of any event, act or omission which with the giving of notice or the passage of <br />time, or both, would constitute a Default, to perform any obligation of Trustor hereunder; provided <br />however, that Beneficiary, as such attorney-in-fact, shall only be accountable for such funds as are <br />actually received by Beneficiary, and Beneficiary shall not be liable to Trustor or any other person or <br />entity for any failure to act under this Section. <br /> <br />5.8 Remedies Cumulative: No Waiver. All rights, powers and remedies of Beneficiary and Trustee <br />hereunder are cumulative and are in addition to all rights, powers and remedies provided by law or in <br />any other agreements between Trustor and Beneficiary. No delay, failure or discontinuance of <br />Beneficiary in exercising any right, power or remedy hereunder shall affect or operate as a waiver of <br />such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy <br />preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other <br />right, power or remedy. <br /> <br />ARTICLE VI. MISCELLANEOUS PROVISIONS <br /> <br />6.1 No MerQer. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any <br />other lien on, the Subject Property unless Beneficiary specifically consents to a merger in writing. <br /> <br />6.2 Execution of Documents. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any <br />and all documents and instruments required to effectuate the provisions hereof. <br /> <br />6.3 RiQht of Inspection. Beneficiary or its agents or employees may enter onto the Subject Property at <br />any reasonable time for the purpose of inspecting the Subject Property and ascertaining Trustor's <br />compliance with the terms hereof. <br />
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