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200802659
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200802659
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Last modified
3/31/2008 4:12:28 PM
Creation date
3/31/2008 4:12:26 PM
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DEEDS
Inst Number
200802659
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<br />200802659 <br />attorney-in-fact with full power of substitution to complete the Improvements in the name of <br />Borrower and hereby empowers Secured Party as said attorney-in-fact as follows: <br /> <br />(a) to use any funds of Borrower, including any funds held in escrow and any <br />funds which may remain unadvanced under the Note for the purpose of completing the <br />Improvements in the manner called for by the Plans; <br /> <br />(b) to make such additions, changes and corrections in the Plans which shall <br />be necessary or desirable to complete the Improvements; <br /> <br />(c) to employ such contractors, subcontractors, agents, architects and <br />inspectors as shall be required to complete the Improvements; <br /> <br />(d) to enforce or otherwise without limitation deal with any bond or insurance <br />policy required under the terms hereof or the Loan Agreement or with the insurers or sureties <br />thereof in all respects as Borrower might do in its own behalf; <br /> <br />(e) to pay, settle, or compromise all existing bills and claims which are or <br />may be liens against the Property or Improvements, or may be necessary or desirable for timely <br />completion of the Improvements or the clearance of title to the Property; <br /> <br />(1) to execute all applications and certificates in the name of Borrower which <br />may be required by any contract respecting the Improvements and to do any and every act with <br />respect to the construction of the Improvements which Borrower might do in its own behalf; <br /> <br />(g) to prosecute and defend all actions or proceedings in connection with the <br />Improvements and to take such action and require such performance as is deemed necessary; <br /> <br />(h) to do every act in the name of Borrower and to make, execute and deliver <br />every instrument necessary for the consummation of all of the transactions contemplated by the <br />Loan Agreement; <br /> <br />(i) to endorse in Borrower's name any check, draft, or other remittance <br />received by Secured Party as said attorney-in-fact and to apply the funds so received to the <br />construction' of the Improvements or at Secured Party's option to the payment of the <br />indebtedness of Borrower to Secured Party secured by this Deed of Trust. <br /> <br />The foregoing power of attorney is a power coupled with an interest and cannot be <br />revoked. <br /> <br />ARTICLE 6 <br />TRUSTEE <br /> <br />6.1 Resignation; Substitution. Trustee may resign by the giving of notice of such <br />resignation in writing or verbally to Secured Party. If Trustee shall die, resign, or become <br />disqualified from acting in the execution of this trust, or if, for any reason, Secured Party shall <br />prefer to appoint a substitute trustee or multiple substitute trustees, or successive substitute <br />20 <br /> <br />AM I 57:OAM57:667038: 5:LOUISVILLE <br />3/20/08 <br />
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