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200803089
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200803089
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Last modified
4/14/2008 4:13:40 PM
Creation date
4/14/2008 4:13:39 PM
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DEEDS
Inst Number
200803089
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<br />200803089 <br /> <br />or Beneficiary, together with interest thereon from the date such indebtedness arises at the highest <br />rate per annum payable under any Secured Obligation. Beneficiary may, at its option, add any <br />such indebtedness to any Secured Obligation. <br /> <br />4.13 Substitution of Trustees. From time to time, by a writing signed and acknowledged by Beneficiary <br />and recorded in each Office in which this Deed of Trust is recorded, Beneficiary may appoint another <br />trustee to act in the place and stead of Trustee or any successor. Such writing shall set forth the <br />recordation date and any recording or other information required by law. The recordation of such <br />instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as <br />the trustee hereunder with the same effect as if originally named Trustee herein. A writing recorded <br />pursuant to the provisions of this Section shall be conclusive proof of the proper substitution of such <br />new Trustee. <br /> <br />4.14 Due on Sale or Encumbrance. Except as permitted by the provisions of any Secured Obligation or <br />applicable law, if the Subject Property or any interest therein shall be sold, transferred (including without <br />limitation, where applicable, through sale or transfer of a majority or controlling interest of the corporate <br />stock, or any general partnership, limited liability company or other similar interests, of Trustor), <br />mortgaged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law <br />(each of which actions and events is called a "Transfer"), without Beneficiary's prior written consent, <br />THEN Beneficiary may, at its sole option, declare all Secured Obligations immediately due and payable <br />in full. Trustor shall notify Beneficiary in writing of each Transfer within ten (10) business days of the <br />date thereof. <br /> <br />4.15 Releases. Extensions. Modifications and Additional Security. Without notice to or the consent, <br />approval or agreement of any persons or entities having any interest at any time in the Subject Property <br />or in any manner obligated under any Secured Obligation (each, an "Interested Party"), Beneficiary <br />may, from time to time, release any Interested Party from liability for the payment of any Secured <br />Obligation, take any action or make any agreement extending the maturity or otherwise altering the <br />terms or increasing the amount of any Secured Obligation, accept additional security, and enforce, <br />waive, subordinate or release all or a portion of the Subject Property or any other security for any <br />Secured Obligation. None of the foregoing actions shall release or reduce the personal liability of any <br />Interested Party, nor release or impair the priority of the lien of this Deed of Trust upon the Subject <br />Property. <br /> <br />4.16 Reconveyance. Upon Beneficiary's written request, and solely to the extent required by applicable <br />law upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured <br />Obligations to Trustee for cancellation, Trustee shall reconvey, without warranty, the Subject Property, <br />or that portion thereof then covered hereby, from the lien of this Deed of Trust. The recitals of any <br />matters or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness <br />thereof. To the extent permitted by law, the reconveyance may describe the grantee as "the person or <br />persons legally entitled thereto." Neither Beneficiary nor Trustee shall have any duty to determine the <br />rights of persons claiming to be rightful grantees of any reconveyance. When the Subject Property has <br />been fully reconveyed, the last such reconveyance shall operate as a reassignment of all future Rents <br />to the person or persons legally entitled thereto. Upon Beneficiary's demand, Trustor shall pay all costs <br />and expenses incurred by Beneficiary in connection with any reconveyance. <br /> <br />4.17 SubrofJation. Beneficiary shall be subrogated to the lien of all encumbrances, whether or not <br />released of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the <br />proceeds of any Secured Obligation. <br /> <br />4.18 Trustor Different From Obliaor ("Third Partv Trustor"). As used in this Section, the term "Obligor" <br />shall mean each person or entity obligated in any manner under any of the Secured Obligations; and <br />the term "Third Party Trustor" shall mean (1) each person or entity included in the definition of Trustor <br />herein and which is not an Obligor under all of the Secured Obligations, and (2) each person or entity <br />included in the definition of Trustor herein if any Obligor is not included in said definition. <br />
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