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200902250
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Last modified
3/27/2009 4:02:49 PM
Creation date
3/27/2009 4:02:47 PM
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DEEDS
Inst Number
200902250
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<br />200902250 <br /> <br />mean any federal, state or local laws, statute, ordinance, rule, regulation, administration order, or <br />permit now in effect or hereinafter enacted, pertaining to the public health, safety, industrial <br />hygiene, or the environmental conditions on, under or about the Trust Estate. <br /> <br />ARTICLE IV. <br /> <br />EVENTS OF DEFAULT AND <br />REMEDIES OF THE BENEFICIARY <br /> <br />Section 4.01. Events of Defaalt. Each of the following shall be an "Event of Default": <br /> <br />(A) default shall be made in the payment of any amount due under any <br /> <br />Obligation; <br /> <br />(B) default shall be made in the due observance or perfonnance of any of the <br />covenants, conditions or agreements on the part of the Grantor, and, if such default shall be under <br />Sections 3.06, 3.07, or 3.08 hereof, such default shall continue for a period of thirty (30) days <br />after written notice specifying such default and requiring the same to be remedied shall have been <br />given to the Grantor by the Beneficiary; <br /> <br />(C) any representation or warranty made by the Grantor herein, or in any <br />certificate, instrument or document delivered hereunder, shall prove to be false or misleading in <br />any material respect on or as of the date made; and <br /> <br />(D) an "Event of Default" shall have occurred under any Credit Agreement or, <br />in the event any Credit Agreement does not contain specified "Events of Default," the Grantor <br />shall breach or be in default of any Credit Agreement. <br /> <br />Section 4.02. Acceleration of Maturity. If an Event of Default shall have occurred <br />and be continuing, the Beneficiary may declare the Obligations to be due and payable <br />immediately by a notice in writing to the Grantor, and upon such declaration, all Obligations <br />shall become due and payable immediately, anything contained herein or in the Credit <br />Agreements to the contrary notwithstanding. <br /> <br />Section 4.03. Remedies of the Beneficiary. If one or more Events of Default shall <br />occur and be continuing, the Beneficiary (personally or by attorney), in its discretion, may: <br /> <br />(A) take immediate possession of the Trust Estate, collect and receive all <br />credits, outstanding accounts and bills receivable of the Grantor and all rents, income, revenues, <br />profits and proceeds pertaining to or arising from the Trost Estate, or any part thereof, whether <br />then past due or accruing thereafter, and issue binding receipts therefor; and manage, control and <br />operate the Trust Estate as fully as the Grantor might do if in possession thereof, including, <br />without limitation, the making of all repairs or replacements deemed necessary or advisable; <br /> <br />9 <br />
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