|
201005524
<br />'!'ERNS OF THIS DEED OF TRUST OR THE CREDIT AGREF,MENTS; (C) OWNERSHIP
<br />OF TI~iE TRUST ESTATE OR ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS;
<br />(D)' ANY ACCIDENT, INJURY TO OR DEATH OF PERSONS OR LOSS OF OR DAMAGE
<br />TO PROPERTY OCCURRING 1N, ON OR ABOUT THE TRUST ESTATE, OR ANY PART
<br />THEREOF, OR ON THE ADJOINING SIDEWALKS, CURBS, ADJACENT PARKING
<br />AREAS, STREETS OR WAYS; (E) ANY USE, NONUSE OR CONDITION IN, ON OR
<br />ABOUT THE TRUST ESTATE OR ANY PART THEREOF, OR ON THE ADJOINING
<br />SIDEWALKS, CURBS, ADJACENT PARKING AREAS, STREETS OR WAYS; OR (F)
<br />PERFORMANCE OF ANY LABOR OR SERVICES 0R THE FURNISHING OF ANY
<br />MATERIALS OR OTHER PROPERTY IN RESPECT OF THE TRUST ESTATE OR ANY
<br />PART THEREOF, WHETHER OR NUT CAUSED IN WHOLE OR 1N PART BY THE
<br />Nh;GL,IGENT ACTS OR OMISSIONS OF T"HF., BENEFICIARY OR INDIVIDUALS OR
<br />ENTITIES ACTING AS THE AGENTS OR EMPLOYEES OF B};NEI~ICIAKY.
<br />NOTWITHSTANDING ANY PROVISION TU THE CONTRARY SET FORTH IN THIS
<br />PARAGRAPH, SUCH INDEMNITY SHAIWL NOT APPLY WITH RESPECT' TU
<br />LIABILITIES, .OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CA[JSES OF ACTION,
<br />COSTS ANU EXPENSES BASED SOLELY ON FACTS UR CIRCUMSTANCES
<br />OCCURRING ONLY SUBSEQUENT TO SUCH TIME, IF ANY, WHICH BENEFICIARY
<br />SHALL BECOME THF, OWNER OF THE TRiJST ESTATE BY WAY OF FORECLOSURE
<br />OF THE LIEN OF THIS DEED OF TRUST, DEED IN LIEU OF SUCI-I hORECLOSURE, OR
<br />OTHERWISE. .ANY AMOUNT PAYABLE TO BENEFICIARY BY R}ASON OF T'HE
<br />APPLICATION OF '1'H1S PARAGRAPHT SHALL BECOME IMMEDIATELY DUF., AND
<br />PAYABLE UPON DEMAND BY BENEFICIARY, AND SMALL BrAR INTEREST AT THE
<br />INTEREST BA'L'E SPICII~Ik;I.7 IN SEC"1'lON 3.09 ABOVE, FROM THE DATE OF SUCH
<br />DEMAND. THE OBLIGATIONS OF GRANTOR UNDER "['115 PARAGRAPH SHALL
<br />SURVIVE ANY TERMINATION UR SATISFAC"PION OF THIS DEED OF TRUST.
<br />Section 8.09. )Estoppel Certificate. The Grantor agrees at any time and from time to
<br />time, upon not less than 1 S days' prior notice by the Beneficiary, to execute, acknowledge and
<br />deliver, without charge, .to the Beneficiary or to any person designated by the Beneficiary, a
<br />statement in writing certifying that this Deed of Trust is unmodified (or if there have been
<br />modifications, identifying the same by the date thereof and specifying the nature thereof), the
<br />principal amount then secured hereby and the unpaid balance of the Obligations, that the Grantor
<br />has not received any notice of default or notice of acceleration or foreclosure of this Deed of
<br />Trust (or if the Grantor has received such a notice, that it has been revoked, if such be the case),
<br />that to the knowledge of the Grantor no Event of Default or Potential Event of Default exists
<br />hereunder (or if any such Event of Default or Potential Event of Default does exist, specifying the
<br />same and stating that the same has been cured, if such be the case), that the Grantor to its
<br />knowledge has no claims or offsets against the Beneficiary (or if the Grantor has any such claims,
<br />specifying the same), and the dates to which the interest and the other sums and charges payable
<br />by the Grantor pursuant to the Credit Agreements have been paid.
<br />Section 8,10. Trustee.
<br />(A) .Subject to applicable law, the Trustee 'may resign by an instrument in
<br />23
<br />
|