Laserfiche WebLink
�0��055Q� <br />Section 7.3 Actions by Trustee. At any time, or from time to time, without liability therefor and <br />without norice, upon written request of Beneficiary and presentarion of this Deed of Trust and the Notes for <br />endorsement, and without affecting the personal liability of any person for payment of the Obligations or the effect <br />of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may take such actions as Beneficiary <br />may request and which are permitted by this Deed of Trust or by applicable law. <br />Section 7.4 Substitution of Trustee. Beneficiaty has the power and shall be entitled, at any time and <br />from time to time, in its sole discretion and without cause, to remove Trustee or any successor trustee and to <br />substitute and appoint another trustee or trustees (either corporate or individual) in the place and stead of Trustee or <br />any successor trustee, by written instivment duly executed and recorded in the Office of the county recorder of the <br />county or counties where the Mortgaged: Property is situated, which instrument shall be conclusive proof of the <br />proper substitution and appointment of such successor trustee or trustees, who shall have all the rights, title, estate, <br />powers, duties and privileges of the predecessor trustee, without the necessity of any conveyance from such <br />predecessor. <br />Section 7.5 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, <br />BORROWER AND LENDER HEREBY VJAIVE TI-�EIR RESPECTIVE RIGHT TO. TRIAL BY JURY IN ANY <br />ACTION, PROCEEDING AND/0R HEARING ON ANY MATTER WHATSOEVER ARISING OUT OF, OR IN <br />ANY WAY CONNECTED WITH, TI� NOTE, THIS DEED OF TRUST OR ANY OF TI� LOAN <br />DOCUMENTS, OR TI� ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, STATUTE, OR <br />REGULATION. NEITI�R PARTY WII.,L SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A <br />JIJRY HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT OR HAS <br />NOT BEEN WAIVED. EACH PARTY HAS RECEIVED TI� ADVICE OF COUNSEL WITH RESPECT TO <br />THIS WAIVER <br />Section 7.6 Intercreditor Agreement The terms of this Deed of Trust, any lien and security interest <br />granted to the Beneficiary pwsuant to this Deed of Trust and the exercise of any right or remedy by the Beneficiary <br />hereunder aze subject to the provisions of the Intercreditor Agreement. In the event of any inconsistency between <br />the provisions of this Deed of Trust and the Intercreditor Agreement, the provisions of the Intercreditor Agreement <br />shall supersede the provisions of this Deed of Trust. <br />Section 7.7 Priority. The lien created by this Deed of Trust on the Mortgaged Property is junior and <br />subordinate to the lien on such Mortgaged Property created by any mortgage, deed of trust or similar instrument now <br />or hereafter granted to the Term Loan Lender (as defined in the Intercreditor Agreement), and its successors and <br />assigns in such Mortgaged Property in accordance with the provisions of the Intercreditor Agreement. � <br />[NO FURTI�R TEXT ON PAGE] <br />20 <br />