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<br />200704125
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<br />same; (c) unless funds are otherwise reserved, Grantor shan furnish to Beneficiary a cash
<br />deposit, or an indemnity bond satisfactory to Beneficiary with a surety reasonably satisfactory to
<br />Beneficiary, in the amount of the Impositions, Other Charges, or mechanic's or materialman's
<br />lien claim or penalties or fines relating to the failure to comply with any Legal Requirement, plus
<br />a reasonable additional sum to pay an costs, interest and penalties that may be imposed or
<br />incurred in connection therewith, to assure payment of the matters under contest and to prevent
<br />any sale or forfeiture of the Trust Property or any part thereof; (d) Grantor shan timely upon final
<br />determination thereof pay the amount of any such Impositions, Other Charges, claim, fine or
<br />penalty so determined, together with an costs, interest and penalties which may be payable in
<br />connection therewith; and (e) the failure to pay the Impositions, Other Charges or mechanic's or
<br />materialman's lien claim does not constitute a default under any other deed of trust, mortgage or
<br />security interest covering or affecting any part of the Trust Property. Notwithstanding the
<br />foregoing, Grantor shan immediately upon request of Beneficiary pay (and if Grantor shan fail
<br />so to do, Beneficiary may, but shan not be required to, payor cause to be discharged or bonded
<br />against) any such Impositions, Other Charges or claim notwithstanding such contest, if in the
<br />reasonable opinion of Beneficiary, the Trust Property or any part thereof or interest therein may
<br />be in danger of being sold, forfeited, foreclosed, terminated, canceled or lost. Beneficiary may
<br />pay over any such cash deposit or part thereof to the claimant entitled thereto at any time when,
<br />in the reasonable judgment of Beneficiary, the entitlement of such claimant is established.
<br />
<br />33. Recovery of Sums Required to Be Paid. Beneficiary sha1l have the right from time to
<br />time to take action to recover any sum or sums which constitute a part of the Obligations as the
<br />same become due and owing, without regard to whether or not the balance of the Obligations
<br />sha1l be due, and without prejudice to the right of Beneficiary thereafter to bring an action of
<br />foreclosure, or any other action, for a default or defaults by Grantor existing at the time such
<br />earlier action was commenced.
<br />
<br />34. Marshaling, Waiver of Redemption and Other Matters. Grantor hereby waives, to the
<br />extent permitted by law, the benefit of all appraisement, valuation, stay, extension, reinstatement
<br />and redemption laws now or hereafter in force and a1l rights of marshaling in the event of any
<br />sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Grantor
<br />hereby expressly waives any and all rights of redemption from sale under any order or decree of
<br />foreclosure of this Deed of Trust on behalf of Grantor, and on behalf of each and every person
<br />acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust
<br />and on behalf of all persons to the extent permitted by applicable law.
<br />
<br />35. Handicapped Access.
<br />
<br />35.1. Grantor agrees that the Trust Property shall at all times comply to
<br />the extent applicable with the requirements of the Americans with Disabilities Act
<br />of 1990, all state and local laws and ordinances related to handicapped access and
<br />all rules, regulations, and orders issued pursuant thereto (including, without
<br />limitation, the Americans with Disabilities Act Accessibility Guidelines for
<br />Buildings and Facilities) (collectively, the "Access Laws").
<br />
<br />35.2. Notwithstanding any provisions set forth herein or in any other
<br />document regarding Beneficiary's approval of alterations of the Trust Property,
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