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200609881
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Last modified
3/4/2012 11:23:45 AM
Creation date
11/3/2006 3:25:47 PM
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DEEDS
Inst Number
200609881
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outstanding indebtedness in accordance with applicable law of the <br />Commonwealth of Massachusetts. THE GRANTOR ACKNOWLEDGES AND <br />AGREES THAT THE CHOICE OF MASSACHUSETTS LAW WAS A <br />MATERIAL INDUCEMENT TO THE BENEFICIARY AND THE CREDIT <br />PARTIES TO ENTER INTO THE TRANSACTIONS CONTEMPLATED IN <br />THE LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS. <br />22. Discharge. This Deed of Trust shall terminate and the Beneficiary shall <br />discharge this Deed of Trust when all the Secured Obligations have been <br />indefeasibly paid in full, the Lenders have no further commitment to lend, there <br />are no Letter of Credit Outstandings and the Issuing Bank has no further <br />commitment to issue Letters of Credit under the Loan Agreement. Grantor shall <br />pay Beneficiary's reasonable costs incurred in discharging this Deed of Trust. <br />23. Waivers. (a) Grantor agrees to the full extent permitted by law, that in case <br />of an Event of Default hereunder, neither Grantor nor anyone claiming through or <br />under Grantor shall or will set up, claim or seek to take advantage of any <br />appraisement, valuation, stay, extension, homestead, exemption or redemption <br />laws now or hereafter in force, in order to prevent or hinder the enforcement or <br />foreclosure of this Deed of Trust, or the absolute sale of the Mortgaged Property, <br />or the final and absolute putting into possession thereof, immediately after such <br />sale, of the purchasers thereat, and Grantor, for Grantor and all who may at any <br />time claim through or under Grantor, hereby waives to the fullest extent that <br />Grantor may lawfully so do, the benefit of all such laws, and any and all right to <br />have the assets comprised in the security intended to be created hereby marshaled <br />upon any foreclosure of the Lien hereof. <br />(b) No failure or delay of Beneficiary in exercising any power or right <br />hereunder shall operate as a waiver thereof, nor shall any single or partial exercise <br />of any such right or power, or any abandonment or discontinuance of steps to <br />enforce such a right or power, preclude any other or further exercise thereof or the <br />exercise of any other right or power. The rights and remedies of the Beneficiary <br />hereunder are cumulative and are not exclusive of any rights or remedies that the <br />Beneficiary would otherwise have. No waiver of any provisions of this <br />Agreement or any other Loan Document or consent to any departure by Grantor <br />thereftom shall in any event be effective unless the same shall be permitted by <br />Paragraph 23(c) below, and then such waiver or consent shall be effective only in <br />the specific instance and for the purpose for which given. No notice to or demand <br />on the Grantor in any case shall entitle the Grantor to any other or further notice <br />or demand in similar or other circumstances. <br />(c) Neither this Deed of Trust nor any provision hereof may be waived, <br />amended or modified except pursuant to an agreement or agreements in writing <br />entered into by the Beneficiary and the Grantor with respect to which such <br />waiver, amendment or modification is to apply, subject to any consent required in <br />accordance with Section 13.08 of the Loan Agreement. <br />22 <br />MA <br />
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