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<br />200806031 <br /> <br />opinion of Beneficiary, be necessary or desirable in order to effectuate, complete, or perfect, or to <br />continue and preserve (a) the obligations of Grantor under this Deed of Trust, and (b) the Lien created by <br />this Deed of Trust upon the Mortgaged Property. Upon any failure by Grantor so to do promptly upon <br />Beneficiary's written request therefor, Beneficiary may make, execute, record, file, re-record and/or refile <br />any and all such assignments, mortgages, security agreements, financing statements, continuation <br />statements, instruments, certificates, and documents for and in the name of Grantor, and Grantor hereby <br />irrevocably appoints Beneficiary the agent and attorney in fact of Grantor so to do. <br /> <br />21. Subroe:ation. <br /> <br />Beneficiary shall be subrogated to all right, title, Lien or equity of all persons to whom <br />Beneficiary may have paid any monies in settlement of Liens or in acquisition of title or for its benefit <br />hereunder, or for the benefit or account of Grantor or subsequently paid under any provisions hereof. <br /> <br />22. Time of the Essence. <br /> <br />Time is of the essence with respect to each and every covenant, agreement and obligation of <br />Grantor under this Deed of Trust and any and all other Loan Documents. <br /> <br />23. Submission to Jurisdiction. <br /> <br />GRANTOR AGREES THAT ANY SUIT FOR ENFORCEMENT OF THE LIEN OF THIS <br />DEED OF TRUST MAYBE BROUGHT IN THE STATE COURT OR ANY FEDERAL COURT <br />SITTING IN THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED AS <br />BENEFICIARY MAY ELECT IN ITS SOLE DISCRETION AND GRANTOR HEREBY CONSENTS <br />TO THE NON-EXCLUSIVE JURISDICTION OF SUCH COURTS. GRANTOR AND BENEFICIARY <br />(BY ITS ACCEPTANCE OF THIS DEED OF TRUST) EACH HEREBY WAIVES ANY OBJECTION <br />WHICH IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH SUIT OR ANY <br />SUCH COURT OR THAT SUCH SUIT IS BROUGHT IN AN INCONVENIENT FORUM AND <br />AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE <br />CONCLUSIVE AND MAYBE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE <br />JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS DEED OF <br />TRUST OR ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT <br />BENEFICIARY MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING <br />RELATING TO THIS DEED OF TRUST AGAINST BENEFICIARY OR ITS PROPERTIES IN THE <br />COURTS OF ANY JURISDICTION. <br /> <br />GRANTOR AND BENEFICIARY (BY ITS ACCEPTANCE OF THIS DEED OF TRUST) <br />IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN THE MANNER PROVIDED FOR <br />NOTICES IN SECTION 10.02 OF THE CREDIT AGREEMENT. NOTHING IN THIS DEED OF <br />TRUST OR ANY OTHER LOAN DOCUMENT WILL AFFECT THE RIGHT OF GRANTOR AND <br />BENEFICIARY TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW. <br /> <br />24. WAIVER OF JURY TRIAL. <br /> <br />GRANTOR AND BENEFICIARY (BY ITS ACCEPTANCE OF THIS DEED OF TRUST) <br />EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, <br />ANY RIGHT TO A JURY IN ANY TRIAL OF ANY CASE OR CONTROVERSY (WHETHER <br />BASED ON CONTRACT, TORT OR ANY OTHER THEORY) IN WHICH ANY SUCH PERSON IS <br />OR BECOMES A PARTY (WHETHER SUCH CASE OR CONTROVERSY IS INITIATED BY OR <br />AGAINST ANY SUCH PERSON OR IN WHICH ANY SUCH PERSON IS JOINED AS A PARTY <br /> <br />13 <br />