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87104545
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10/19/2011 10:39:08 AM
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3/27/2008 2:37:41 PM
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DEEDS
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87104545
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to one (1) month's rental, or (v) in any other manner impair the <br />value of the Property or the security of this Deed of Trust. <br />(c) Trustor will not execute without Beneficiary's written <br />approval any lease of all or a substantial portion of the <br />Property greater than the period of one year, and will at all <br />times promptly and faithfully perform, or cause to be performed, <br />All of the covenants, conditions and agreements contained in all <br />lessee of the Property now or hereafter existing, on the part of <br />the lessor thereunder to be kept and performed. <br />(d) Trustor shall furnish to Beneficiary, within thirty (30) <br />days after a request by Beneficiary to do so, a written statement <br />containing the names of all lessees of the Property, the terms of <br />their respective leases, the spaces occupied and the rentals <br />payable thereunder and a copy of each such lease. <br />1.09 Attornment. To the extent not provided by applicable <br />law, each new ease of the Property or any part thereof shall <br />provide that, in the event of the enforcement by Trustee or Bene- <br />ficiary of the remedies provided for by law or by this Deed of <br />Trust, the lessee thereunder will, if requested by Beneficiary or <br />by any person succeeding to the interest of Trustor as the result <br />of said enforcement, automatically become the lessee of any such <br />successor in interest, without any change in the terms or other <br />provisions of the respective lease; provided, however, that said <br />successor in interest shall not be bound by (i) any payment of <br />rent or additional rent for more than one (1) month in advance, <br />except prepayments in the nature of security for the performance <br />by said lessee of its obligations under said lease not in excess <br />of an amount equal to one (1) month's rental, or (ii) any amend - <br />ment or modification in the lease made without the consent of <br />Beneficiary or any successor in interest. Each lease shall also <br />provide that, upon request by said successor in interest, the <br />lessee shall execute and deliver an instrument or instruments <br />confirming its attornment. <br />1.10. Subordinate Mortgage. Without the prior written con- <br />sent of Bene c ary being first had and obtained, Trustor will <br />not execute or deliver any pledge, security agreement, mortgage <br />or deed of trust covering all or any portion of the Property <br />( "Subordinate Mortgage ") . Beneficiary's consent shall not be <br />unreasonably withheld. If Beneficiary consents to the foregoing <br />or in the event the foregoing prohibition is determined by a <br />court of competent jurisdiction to be unenforceable under the <br />provisions of any applicable law, Trustor will not execute or <br />deliver any Subordinate Mortgage unless there shall have been <br />delivered to Beneficiary not less than ten (10) days prior to the <br />date thereof a copy thereof which shall contain express covenants <br />to the effect that; <br />(a) the Subordinate Mortgage is in all respects subject and <br />subordinate to this Deed of Trust; <br />(b) if any action or proceeding shall be brought to fore- <br />close the Subordinate Mortgage (regardless of whether the same is <br />a judicial proceeding or pursuant to a power of sale contained <br />therein), no tenant of any portion of the Property will be named <br />as a party defendant, nor will any action be taken with respect <br />to the Property which would terminate any occupancy or tenancy of <br />4; <br />the Property, or any portion thereof, without the consent of <br />Beneficiary; <br />(c) the Rents and Profits, if collected through a receiver <br />or by the holder of the Subordinate Mortgage, shall be applied <br />first to the obligations secured by this Deed of Trust, including <br />principal and interest due and owing on or to become due and <br />Ming on the Note, and then to the payment of maintenance <br />expenses, operating charges, taxes, assessments and disbursements <br />incurred in connection with the ownership, operation and mainten- <br />&nee of the Property; <br />MA <br />
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