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20�iO491� <br />hereunder for the payment or performance of the Obligations or the liability of any other person hereunder for the <br />payment of the Obligations. Each Trustor agrees that it shall be bound by any modification of this Deed of Trust or <br />any of the other Credit Documents made by Beneficiary and any subsequent owner of the Mortgaged Property, with <br />or without notice to such Trustor, and no such modifications shall impair the obligations of such Trustor under this <br />Deed of Trust or any other Credit Document. Nothing in this Section 6.7 or elsewhere in this Deed of Trust shall be <br />construed to imply Beneficiary's consent to any transfer of the Mortgaged Property. <br />Section 6.8 Place of Payment. All Obligarions which may be owing hereunder at any time by <br />Trustor shall be payable at the place designated in the Note, as the case may be (or, if no such designation is made, <br />at the address of Beneficiary indicated in Section 6.26). <br />Section 6.9 Subrogation to Eaistiag Liens. To the extent that proceeds of the Obligations aze used <br />to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the <br />Mortgaged Property, such proceeds have been advanced by Beneficiary at Trustor's request, and Beneficiary shall be <br />subrogated to any and all rights, security interest and liens owned by any owner or holder of such outstanding liens, <br />security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, <br />charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed <br />and continued and merged herein to secure the Obligations, but the terms and pmvisions of this Deed of Trust shall <br />govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances <br />to which Beneficiary is subrogated hereunder. It is e�ressly understood that in consideration of the payment of such <br />indebtedness by Beneficiary, Trustor hereby waives and releases all demands and causes of action for offsets and <br />payments in connection with the said indebtedness. <br />Section 6.10 Application of Payments to Certain Obligations. If any part of the Obligations cannot <br />be lawfully secured by this Deed of Trust or if any part of the Mortgaged Property cannot be lawfully subject to the <br />lien and security interest hereof to the full extent of the Obligations, then all payments made shall, unless otherwise <br />designated by the Beneficiary, be applied on the Obligations first in discharge of that portion thereof which is not <br />secured by this Deed of Trust. <br />Section 6.11 Compliance with Usury Laws. It is the intent of Trustor and Beneficiary and a11 other <br />parties to the Credit Documents to conform to and contract in strict compliance with applicable usury laws from <br />time to time in effect. All agreements between Beneficiary and Trustor (or any other party liable with respect to any <br />indebtedness under the Credit Documents) a.re hereby limited by the provisions of this Section 6.11 which sha11 <br />override and control all such agreements, whether now e�cisting or hereafter arising. In no way, nor in any event or <br />contingency (including but not litnited to prepayment, default, demand for payment, or acceleration of the maturity <br />of any obligation), shall the interest taken, reserved, contracted for, charged, chargeable, or received under this Deed <br />of Trust, the Note delivered in connection therewith or any other Credit Document or otherwise, exceed the <br />maximum non-usurious amount pernutted by applicable law (the "Maximum Lawful Amount"). If, from any <br />possible construction of any document, interest would otherwise by payable in excess of the Maximum Lawful <br />Amount, any such construction shall be subject to the provisions of this Section 6.11 and such document shall ipso <br />facto be automatically reformed and the interest payable sha11 be automatically reduced to the Maximum Lawful <br />Amount, without the necessity of execution of any amendment or new document. If Beneficiary shall ever receive <br />anything of value which is characterized as interest under applicable law and which would apart from this provision <br />be in excess of the Maximum Lawful Atnount, an amount equal to the amount which would have been excessive <br />interest shall, without penalty, be applied to the reduction of the principal amount owing on the Obligations in the <br />inverse order of its maturity and not to the payment of interest, or refunded to Trustor or the other payor thereof if <br />and to the extent such amount which would have been excessive exceeds such unpaid principal. Any right to <br />accelerate maturity of any of the Obligations does not include the right to accelerate any interest which has not <br />otherwise accrued on the date of such acceleration, and Beneficiary does not intend to charge or receive any <br />unearned interest in the event of acceleration. All interest paid or agreed to be paid to Beneficiary shall, to the extent <br />permitted by applicable law, be amortized, prora,ted, allocated and spread throughout the full stated term (including <br />any renewal or extension) of such indebtedness so that the amount of interest on account of such indebtedness does <br />not exceed the Maximum Lawful Amount. <br />Section 6.12 Marshalling. To the fullest extent allowed by applicable law, Trustor waives any right <br />to require the marshalling of any assets consrituting collateral for the Loan. <br />DOCS/1045495.1 1 � <br />