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200501885
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Last modified
10/17/2011 2:45:18 AM
Creation date
10/18/2005 3:18:05 PM
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DEEDS
Inst Number
200501885
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200501885 <br />(c) Grantor shall pay all amounts and indebtedness arising under this Section <br />immediately upon demand by Beneficiary together with interest thereon <br />from the date the indebtedness arises at the rate of interest then applicable <br />to the principal balance of the Note as specified therein. <br />5.11 DUE ON SALE OR ENCUMBRANCE. If the Subject Property or any interest <br />therein shall be sold, under contract to sell, transferred (including, without <br />limitation, through sale or transfer of a majority or controlling interest of the <br />corporate stock or general partnership interests or limited liability company <br />interests of Grantor, except as provided for in Sections 2.11 and 10.10) of the <br />Loan Agreement), mortgaged, assigned, further encumbered or leased, whether <br />directly or indirectly, whether voluntarily, involuntarily or by operation of law, <br />without the prior written consent of Beneficiary, THEN Beneficiary, in its sole <br />discretion, may declare all Secured Obligations immediately due and payable. <br />5.12 RELEASES, EXTENSIONS, MODIFICATIONS AND ADDITIONAL <br />SECURITY. Without notice to or the consent, approval or agreement of any <br />persons or entities having any interest at any time in the Subject Property and <br />Collateral or in any manner obligated under the Secured Obligations ( "Interested <br />Parties "), Beneficiary may, from time to time, release any person or entity from <br />liability for the payment or performance of any Secured Obligations, take any <br />action or make any agreement extending the maturity or otherwise altering the <br />terms or increasing the amount of any Secured Obligations, or accept additional <br />security or release or direct the Trustee to release all or a portion of the Subject <br />Property and Collateral and other security for the Secured Obligations. None of <br />the foregoing actions shall release or reduce the personal liability of any of said <br />Interested Parties, or release or impair the priority of the liens, assignments and <br />security interests granted under this Deed of Trust upon the Subject Property, the <br />Collateral, or any other security provided herein or in the other Loan Documents. <br />Upon the payment and performance of all Secured Obligations, including, without <br />limitation, Beneficiary's receipt of all sums owing and outstanding under the <br />Note, Beneficiary shall execute and deliver to Grantor or the then record owner of <br />the Subject Property an authorization to the Trustee to release the lien hereof. <br />5.13 RELEASE. When the Subject Property has been fully released, the last such <br />release shall operate as a reassignment of all future rents, issues and profits of the <br />Subject Property to the person or persons legally entitled thereto. <br />5.14 SUBROGATION. Beneficiary shall be subrogated to the lien of all <br />encumbrances, whether released of record or not, paid in whole or in part by <br />Beneficiary pursuant to the Loan Documents or by the proceeds of any loan <br />secured by this Deed of Trust. <br />5.15 RIGHT OF INSPECTION. Beneficiary, its agents and employees, may enter <br />the Subject Property at any reasonable time for the purpose of inspecting the <br />Subject Property and Collateral and ascertaining Grantor's compliance with the <br />terms hereof and of the other Loan Documents. <br />16 <br />#1060655 0 <br />
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