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200500259
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Last modified
10/17/2011 1:03:16 AM
Creation date
10/18/2005 3:05:35 PM
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DEEDS
Inst Number
200500259
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200500259 <br />lien, security interest or other security rights of Secured Party hereunder or affect the liability of <br />Debtor or of any endorser, guarantor or surety, or improve the right of any junior lienholder in <br />the Mortgaged Property (without implying hereby Secured Party's consent to any junior lien). <br />Section 6.7 Acts Not Constituting Waiver by Secured Part y. Secured Party may waive <br />any Default without waiving any other prior or subsequent Default. Secured Party may remedy <br />any Default without waiving the default remedied. Neither failure by Secured Party to exercise, <br />nor delay by Secured Party in exercising, any right, power or remedy upon any Default shall be <br />construed as a waiver of such Default or as a waiver of the right to exercise any such right, <br />power or remedy at a later date. No single or partial exercise by Secured Party of any right, <br />power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise <br />thereof, and every such right, power or remedy hereunder may be exercised at any time and from <br />time to time. No modification or waiver of any provision hereof nor consent to any departure by <br />Debtor therefrom shall in any event be effective unless the same shall be in writing and signed <br />by Secured Party and then such waiver or consent shall be effective only in the specific instance, <br />for the purpose for which given and to the extent therein specified. No notice to nor demand on <br />Debtor in any case shall of itself entitle Debtor to any other or further notice or demand in <br />similar or other circumstances. Remittances in payment of any part of the secured indebtedness <br />other than in the required amount in immediately available U.S. funds shall not, regardless of any <br />receipt or credit issued therefor, constitute payment until the required amount is actually received <br />by Secured Party in immediately available U.S. funds and shall be made and accepted subject to <br />the condition that any check or draft may be handled for collection in accordance with the <br />practice of the collecting bank or banks. Acceptance by Secured Party of any payment in an <br />amount less than the amount then due on any secured indebtedness shall be deemed an <br />acceptance on account only and shall not in any way excuse the existence of a Default hereunder. <br />Section 6.8 Debtor's Successors. If the ownership of the Mortgaged Property or any <br />part thereof becomes vested in a person other than Debtor, Secured Party may, without notice to <br />Debtor, deal with such successor or successors in interest with reference to this Deed of Trust <br />and to the indebtedness secured hereby in the same manner as with Debtor, without in any way <br />vitiating or discharging Debtor's liability hereunder or for the payment of the indebtedness or <br />performance of the obligations secured hereby. No transfer of the Mortgaged Property, no <br />forbearance on the part of Secured Party, and no extension of the time for the payment of the <br />indebtedness secured hereby given by Secured Party shall operate to release, discharge, modify, <br />change or affect, in whole or in part, the liability of Debtor hereunder for the payment of the <br />indebtedness or performance of the obligations secured hereby or the liability of any other person <br />hereunder for the payment of the indebtedness secured hereby. Debtor agrees that it shall be <br />bound by any modification of this Deed of Trust or any of the other Loan Documents made by <br />Secured Party and any subsequent owner of the Mortgaged Property, with or without notice to <br />Debtor, and no such modifications shall impair the obligations of Debtor under this Deed of <br />Trust or any other Loan Document. Nothing in this Section shall be construed to imply Secured <br />Party's consent to any transfer of the Mortgaged Property. <br />Section 6.9 Place of Payment; Forum. ALL SECURED INDEBTEDNESS WHICH <br />MAY BE OWING HEREUNDER AT ANY TIME BY DEBTOR SHALL BE PAYABLE <br />AT THE PLACE DESIGNATED IN THE NOTES (OR IF NO SUCH DESIGNATION IS <br />MADE, AT THE ADDRESS OF SECURED PARTY INDICATED IN SECTION 1.1 OF <br />THIS DEED OF TRUST). DEBTOR HEREBY IRREVOCABLY SUBMITS <br />DEED OF TRUST— Page 16 <br />
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