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201000751
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Last modified
2/3/2010 3:02:47 PM
Creation date
2/3/2010 2:59:05 PM
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DEEDS
Inst Number
201000751
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201000'751 <br />Trust or under any of the other Lender Agreements to which Mortgagor is a party or other <br />agreement or any laws now or hereafter in force, notwithstanding some or al] of the Lender <br />Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, <br />security agreement, pledge, lien, assignment or otherwise. Neither the acceptance ofthis Deed <br />of Trust nor its enforcement shall prejudice or in any manner affect A,gent's rights to realize <br />upon or enforce any other security now or hereafter held by Agent, it,,being agreed that Agent <br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by <br />Agent in such order and manner as Agent may determine in its absolute discretion. No remedy <br />herein conferred upon or reserved to Agent is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. <br />Every power or remedy given by any Lender Agreement to Agent or to which either may <br />otherwise be entitled, may be exercised, concurrently or independently, from time to time and as <br />often as may be deemed expedient by Agent, as the case may be, In no event shall Ageni, in the <br />exercise of the remedies provided in this Deed of Trust (including, without limitation, in <br />connection with the assignment of Rents to Agent, or the appointment of a receiver and the entry <br />of such receiver on to all or any part of the Mortgaged Property), be deemed a "Lender-in- <br />possession" (unless Agent actually enters and takes possession of the Mortgaged Property), and <br />Agent shall not in any way be made liable for any aci, either of commission or omission, in <br />connection with the exercise of such remedies other than to the extent caused by the willful <br />misconduct or gross negligence of the Agent or any Person authorized by Agent to exercise the <br />rights of Agent hereunder. <br />29. .Multi le Securit If (a) the Premises shall consist of one or more parcels, <br />whether or not contiguous and whether or not located in the same county, or (b) in addition to <br />this Deed of Trust, Agent shall now or hereafter hold or be the beneficiary of one or more <br />additional mortgages, liens, deeds of trust or other security (directly ar indirectly) far the Lender <br />Obligations upon other property in the State or Commonwealth in which the Premises are located <br />(whether or not such property is owned by Mortgagor or by others) or (c) both the circumstances <br />described in clauses a and (~ of this Section 29 shall be true, then to the fullest extent <br />permitted by law, Agent may, at its election, commence or consolidate in a single foreclosure <br />action al] foreclosure proceedings against all such collateral securing the Lender Obligations <br />(including the Mortgaged Property), which action may be brought or consolidated in the courts <br />of, or sale conducted in, any county in which any of such collateral is located. Mortgagor <br />acknowledges that the right to maintain a consolidated foreclosure action is a specific <br />inducement to Agent to extend the indebtedness borrowed pursuant to or guaranteed by any <br />Lender Agreement, and Mortgagor expressly and irrevocably waives any objections to the <br />commencement or consolidation of the foreclosure proceedings in a single action and any <br />objections to the laying of venue or based on the grounds of forum non convenient which it may <br />now ar hereafter have. Mortgagor further agrees that if Agent shall be prosecuting one or more <br />foreclosure ox other proceedings against a portion of the Mortgaged Property or against any <br />collateral other than the Mortgaged Property, which collateral directly or indirectly secures the <br />Lender Obligations, or if Agent shall have obtained a judgment of foreclosure and sale or similar <br />judgment against such collateral, then, whether or not such proceedings are being maintained or <br />judgments were obtained in or outside the State ar Commonwealth in which the Premises are <br />located, Agent may commence or continue any foreclosure proceedings and exercise its other <br />remedies granted in this Deed of Trust against all ar any part of the Mortgaged Property and <br />L1BD/1907386.1 1 ~ <br />
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