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200704125
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200704125
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Last modified
5/22/2007 10:49:45 AM
Creation date
5/22/2007 10:49:43 AM
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DEEDS
Inst Number
200704125
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<br />200704125 <br /> <br />restore and otherwise deal with all and every part of the Trust Property <br />and conduct the business thereat; (B) complete any construction on the <br />Trust Property in such manner and form as Trustee deems advisable; (C) <br />make alterations, additions, renewals, replacements and improvements to <br />or on the Trust Property; (D) exercise all rights and powers of Grantor <br />with respect to the Trust Property, whether in the name of Grantor or <br />otherwise including, without limitation, the right to make, cancel, enforce <br />or modify Leases, obtain and evict tenants, and demand, sue for, collect <br />and receive all Rents, earnings, revenues, and other income of the Trust <br />Property and every part thereof; and (E) apply the receipts from the Trust <br />Property to the payment of the Obligations, after deducting therefrom all <br />reasonable expenses (including Trustee's reasonable attorneys' fees) <br />incurred by Trustee in connection with the aforesaid operations and all <br />amounts necessary to pay the taxes, assessments, insurance and other <br />charges in connection with the Trust Property, as well as just and <br />reasonable compensation for the services of Trustee, Beneficiary, and their <br />respective counsel, agents and employees; <br /> <br />19.1.9 pursue such other rights and remedies as may be available <br />at law or in equity or under the Uniform Commercial Code, including the <br />right to establish a lock box for all Rents and other receivables of Grantor <br />relating to the Trust Property; and <br /> <br />19.1.10 exercise any and all rights afforded to Trustee under the <br />Manager's Subordination, including, without limitation, the right, to cause <br />Manager to pay any and all sums due and owing to Grantor directly to <br />Trustee. <br /> <br />In the event of a sale, by foreclosure or otherwise, of less than all ofthe Trust Property, this Deed <br />of Trust shall continue as a lien on the remaining portion of the Trust Property. <br /> <br />19.2. The proceeds of any sale made under or by virtue of this Article, <br />together with any other sums which then may be held by Trustee under this Deed <br />of Trust or the other Loan Documents, whether under the provisions of this <br />section or otherwise, shall be applied by Trustee to the payment of the Obligations <br />in such priority and proportion as provided in the Loan Agreement. <br /> <br />19.3. Trustee may terminate or rescind any proceeding or other action <br />brought in connection with its exercise of the remedies provided in this section at <br />any time before the conclusion thereof, as determined in Trustee's sole discretion <br />and without prejudice to Trustee. <br /> <br />19.4. Beneficiary may resort to any remedies and the security given by <br />this Deed of Trust or the other Loan Documents in whole or in part, and in such <br />portions and in such order as determined by Beneficiary's sole discretion. No <br />such action shall in any way be considered a waiver of any rights, benefits or <br />remedies evidenced or provided by this Deed of Trust or the other Loan <br /> <br />12 <br />
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