<br />200704125
<br />
<br />25. Perfection of Trustee Appointment. Should any deed, conveyance, or instrument of any
<br />nature be required from Grantor by any Trustee or substitute trustee to more fully and certainly
<br />vest in and confirm to the Trustee or substitute trustee such estates rights, powers, and duties,
<br />then, upon request by the Trustee or substitute trustee, any and all such deeds, conveyances and
<br />instruments shall be made, executed, acknowledged, and delivered and shall be caused to be
<br />recorded and/or filed by Grantor.
<br />
<br />26. Succession Instruments. Any substitute trustee appointed pursuant to any of the
<br />provisions hereof shall, without any further act, deed, or conveyance, become vested with all the
<br />estates, properties, rights, powers, and trusts of its or his predecessor in the rights hereunder with
<br />like effect as if originally named as Trustee herein; but nevertheless, upon the written request of
<br />Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any
<br />instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates,
<br />properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign,
<br />transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee
<br />so appointed in the Trustee's place.
<br />
<br />27. Right of Access. Beneficiary and its agents shall have the right to enter and inspect the
<br />Trust Property as provided in Sections 5.l(e) and.2.J.ill of the Loan Agreement.
<br />
<br />28. Reasonable Use and Occupancy. In addition to the rights which Beneficiary may have
<br />herein, upon the occurrence of any Event of Default which shall remain uncured, Beneficiary, at
<br />its option, may require Grantor to pay monthly in advance to Beneficiary, or any receiver
<br />appointed to collect the Rents, the fair and reasonable rental value for the use and occupation of
<br />such part of the Trust Property as may be occupied by Grantor or may require Grantor to vacate
<br />and surrender possession of the Trust Property to Beneficiary or to such receiver and, in default
<br />thereof, Grantor may be evicted by summary proceedings or otherwise.
<br />
<br />29. Security Agreement. This Deed of Trust is both a real property mortgage and a security
<br />agreement within the meaning of the Uniform Commercial Code. The Trust Property includes
<br />both real and personal property and all other rights and interests, whether tangible or intangible
<br />in nature, of Grantor in the Trust Property. Grantor by executing and delivering this Deed of
<br />Trust has granted and hereby grants to Beneficiary and Trustee, as security for the Obligations, a
<br />security interest in the Trust Property to the full extent that the Trust Property may be subject to
<br />the Uniform Commercial Code (said portion of the Trust Property so subject to the Uniform
<br />Commercial Code being called in this paragraph the "Collateral"). Grantor hereby agrees with
<br />Beneficiary to execute and deliver to Beneficiary, in form and substance satisfactory to
<br />Beneficiary, such iinancing statements and such further assurances as Beneficiary may from time
<br />to time, reasonably consider necessary to create, perfect, and preserve Beneficiary's security
<br />interest herein granted. This Deed of Trust shall also constitute a "fixture filing" for the
<br />purposes of the Uniform Commercial Code. All or part of the Trust Property is or is to become
<br />fixtures. Information concerning the security interest herein granted may be obtained from the
<br />parties at the addresses of the parties set forth in the first paragraph of this Deed of Trust. If an
<br />Event of Default shall occur which shall remain uncured, Beneficiary, in addition to any other
<br />rights and remedies which it may have, shall have and may exercise immediately and without
<br />demand, any and all rights and remedies granted to a secured party upon default under the
<br />Uniform Commercial Code, (including, without limitation, the right to take possession of the
<br />
<br />16
<br />
|