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200901437
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Last modified
2/26/2009 3:10:48 PM
Creation date
2/26/2009 3:10:46 PM
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DEEDS
Inst Number
200901437
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<br />200901437 <br /> <br />5.17 Secured Indebtedness to Include Judgments; Other Collateral. The term "Secured <br />Indebtedness" as defined in this Deed of Trust shall include, without limitation, any judgment(s) <br />or final decree(s) rendered to collect any money obligations of Trustor to Beneficiary and/or the <br />Lenders and/or to enforce the performance or collection of all rights, remedies, obligations, <br />covenants, agreements, conditions, indemnities, representations, warranties, and other liabilities <br />of the Trustor under this Deed of Trust or any or all of the other Loan Documents. The obtaining <br />of any judgment by Beneficiary and/or the Lenders (other than a judgment foreclosing this Deed <br />of Trust) and any levy of any execution under any such judgment upon the Property shall not <br />affect in any manner or to any extent the lien of this Deed of Trust upon the Property or any part <br />thereof, or any liens, powers, rights and remedies of Beneficiary and/or the Lenders hereunder, <br />but such liens, powers, rights and remedies shall continue unimpaired as before until the <br />judgment or levy is satisfied. Furthermore, Trustor acknowledges and agrees that the Secured <br />Indebtedness is secured by the Property and various other collateral at the time of execution of <br />this Deed of Trust. Trustor specifically acknowledges and agrees that the Property, in and of <br />itself, if foreclosed or realized upon would not be sufficient to satisfy the outstanding amount of <br />the Secured Indebtedness. Accordingly, Trustor acknowledges that it is in Trustor's <br />contemplation that the other collateral pledged to secure the Secured Indebtedness may be <br />pursued by Beneficiary in separate proceedings in the various states and counties where such <br />collateral may be located and additionally that Trustor will remain liable for any deficiency <br />judgments in addition to any amounts Beneficiary and/or the Lenders may realize on sales of <br />other property or any other collateral given as security for the Secured Indebtedness. <br />Specifically, and without limitation of the foregoing, it is agreed that it is the intent of the parties <br />hereto that in the event of a foreclosure of this Deed of Trust, that the Secured Indebtedness shall <br />not be deemed merged into any judgment of foreclosure, but shall rather remain outstanding to <br />the fullest extent permitted by applicable law. <br /> <br />5.18 Survival. Even though the lien of this Deed of Trust shall be released from the <br />Property subject to Article I, any of the terms and provisions of this Deed of Trust that are <br />intended to survive shall nevertheless survive the release or satisfaction of this Deed of Trust <br />whether voluntarily granted by Beneficiary or the Lenders, as a result of a judgment upon <br />judicial foreclosure of this Deed of Trust or in the event a deed in lieu of foreclosure is granted <br />by Trustor to Beneficiary and/or the Lenders. <br /> <br />5.19 Revolving Credit. This Deed of Trust is given to secure the payment of loans <br />made on the date hereof and future advances under a revolving credit facility. This Deed of <br />Trust secures not only present indebtedness but also future advances, whether such future <br />advances are obligatory or are to be made at the option of the Lenders, or otherwise, and the lien <br />securing such future advances shall relate to the date of this Deed of Trust and have the same <br />priority as the lien securing loans made on the date hereof. The amount of indebtedness secured <br />hereby may increase or decrease from time to time, and the rate or rates of interest payable may <br />vary from time to time. <br /> <br />(SIGNATURE PAGE FOLLOWS) <br /> <br />- 19 - <br />
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