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<br />84- <br /> <br /> <br />r <br /> <br />3.16, Limitation on Liability. Notwithstandinganyotller: <br />provision of the Note, this Deed or any of the Loan DoCUtl\eritsj <br />neither Grantor nor its general or limited parttiern:or any'Clf. <br />Guarantor's successors or assigns shall have. any, pers6n~~ <br />liability for payment of the Note or for the observanceor>t1i~' <br />performance of any of the covenants, conditions or agreettte1J!t;s' <br />contained in this Deed, or in any other instrument evidene'ing,o~ <br />securing the indebtedness evidenced by the Note or. e~ecuteQ in <br />connection therewith or for any claims against Grantor~ Or <br />Grantor's successors or assigns, arising under or by virtUe' of <br />the Note 01.- this Deed of Trust, and the B:en.eficiary _~r;;;r-~-s <br />look solely to the Premises, Guarantys and to any other <br />collateral hereafter pledged to secure the Note by Grantor or any <br />other party for the payment of any amount due under the Note, <br />this Deed or any of the Loan Documents and that the Trustee shall <br />look solely to the interest of the Grantor in the Premises and . <br />such other collateral for the satisfaction of each and ever.y <br />remedy of the Trustee as herein provided, such exculpation of <br />liability to be absolute and without any exception whatsoever and <br />the Beneficiary shall not be entitled to a personal or deficiency <br />judgment against Grantor, any partner of Grantor or any of <br />Grantor's successors or assigns, except in accordance with the <br />Guarantys, and none shall be sought or entered; provided, <br />however, that nothing contained in t';:lis Paragraph shall limit or <br />be constrl:i.ed ~v limit or .unl<- ~* ::hc enfr-.rcament against the <br />Guarantor, the Premises and ar ~ther security so mortgaged and <br />pledged of the rights and remedies of BenefiCiary or Trustee, <br />under the Note, thi s Deed, the Guarantys or of any of th€ Loan <br />Documents, <br /> <br />3,17, Covenants and Performance. All the covenants <br />contained in th~s Deed of Trust will run with the land. Time is <br />of the essence of this Deed of Trust and all provisions herein <br />relating thereto shall be strictly construed. <br /> <br />3.18, Subor~~~atio~, Be~eficiary agrees that, if required <br />~n the terms of that certain written lease with the Nash-Finch <br />Company dated l\1arch 8, 1984, as amended by First Amendment to <br />Lease Agreement dated April ,1984, Beneficiary will <br />subordinate the llen of th~s Deed, :solely as it relates to lots 3 <br />and 4 as descr~bed on Exhibi t A hereto, to "Tenant' s ~lortgage", <br />as that term is defined in Article 27,9 of the aforesaid Nash- <br />Finch lease. <br /> <br />3,19, Di sclosure, Grantor states that he has given the <br />Benef~ciary i-'-;;"-rl tten acknowledgment which is true and states <br />that as Grantor understand that the document that I am <br />executing is a trust deed and not a mortgage; furtherl the power <br />of sale prOVided for in this trust deed provides substantially <br />different rights and obl~gations than a mortgage and in an event <br />of ciefaul t or breach of the obligations set forth herein, the <br />Trsutee and the Beneficlary may take such action as herein <br />provided. lnclud~ng exercise of power of sale. <br /> <br />L <br /> <br />-25- <br /> <br />L <br />