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200807663
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9/5/2008 2:46:54 PM
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9/5/2008 2:46:50 PM
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DEEDS
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200807663
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<br />200807663 <br /> <br />Mortgagor waives any objections to the commencement or continuation of a foreclosure of this <br />Deed of Trust or exercise of any other remedies hereunder based on such other proceedings or <br />judgments, and waives any right to seek to dismiss, stay, remove, transfer or consolidate either <br />any action under this Deed of Trust or such other proceedings on such basis. Neither the <br />commencement nor continuation of proceedings to foreclose this Deed of Trust, nor the exercise <br />of any other rights hereunder or the recovery of any judgment by Agent in any such proceedings <br />or the occurrence of any sale in any such proceedings shall prejudice, limit or preclude Agent's <br />right to commence or continue one or more foreclosure or other proceedings or obtain a <br />judgment against any other collateral (either in or outside the State or Commonwealth in which <br />the Premises are located) which directly or indirectly secures the Lender Obligations, and <br />Mortgagor expressly waives any objections to the commencement of, continuation of, or entry of <br />a judgment in such other sales or proceedings or exercise of any remedies in such sales or <br />proceedings based upon any action or judgment connected to this Deed of Trust, and Mortgagor <br />also waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other <br />sales or proceedings or any sale or action under this Deed of Trust on such basis. It is expressly <br />understood and agreed that to the fullest extent permitted by law, Agent may, at its election, <br />cause the sale of all collateral which is the subject of a single foreclosure action at either a single <br />sale or at multiple sales conducted simultaneously and take such other measures as are <br />appropriate in order to effect the agreement of the parties to dispose of and administer all <br />collateral securing the Lender Obligations (directly or indirectly) in the most economical and <br />least time-consuming manner. <br /> <br />30. Successors and Assigns. All covenants of Mortgagor contained in this Deed of <br />Trust are imposed solely and exclusively for the benefit of Agent, as agent for the Lenders, and <br />the Lenders, and no other Person or entity shall have standing to require compliance with such <br />covenants or be deemed, under any circumstances, to be a beneficiary of such covenants, any or <br />all of which may be freely waived in whole or in part by Agent at any time if in the sole <br />discretion of either of them such a waiver is deemed advisable. All such covenants of Mortgagor <br />shall run with the land and bind Mortgagor, the successors and assigns of Mortgagor (and each <br />ofthem) and all subsequent owners, encumbrances and tenants ofthe Mortgaged Property, and <br />shall inure to the benefit of Agent and its successors and assigns. The word "Mortgagor" shall <br />be construed as ifit read "Mortgagors" whenever the sense of this Deed of Trust so requires and <br />if there shall be more than one Mortgagor, the Lender Obligations ofthe Mortgagors shall be <br />joint and several. <br /> <br />31. No Waivers. etc. Any failure by Agent to insist upon the strict performance by <br />Mortgagor of any of the terms and provisions of this Deed of Trust shall not be deemed to be a <br />waiver of any of the terms and provisions hereof, and Agent, notwithstanding any such failure, <br />shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of <br />the terms and provisions of this Deed of Trust to be performed by Mortgagor. Agent may <br />release, regardless of consideration and without the necessity for any notice to or consent by the <br />holder of any subordinate lien on the Mortgaged Property, any part of the security held for the <br />Lender Obligations secured by this Deed of Trust without, as to the remainder of the security, in <br />any way impairing or affecting the lien of this Deed of Trust or the priority of such lien over any <br />subordinate lien, mortgage or deed of trust. Agent may, in Agent's sole and reasonable <br />discretion, (i) in the case of a Default, determine whether such Default has been cured, and (ii) in <br />the case of an Event of Default, by Mortgagor, accept or reject any proposed cure of an Event of <br /> <br />18 <br /> <br />LIBD/1907386.1 <br />
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