|
..:::...-
<br /> nn , „ :.. .. � .,,.�.,�:.:_ _ �.�=-�---
<br /> — - _ —=-c`-.�a"'•f,_ - - -`"�.I�'�=�;`+�ii Y:.
<br /> _��__.. , _ .u._ .� ......��..�.==
<br /> • ._.._�...�--—� -- •= o,....,..�
<br /> .. .�,- . nc„rr�ry+a�n.r�.�.-.��.--:���.�*� :, .
<br /> -- ...ca;,•,�p' �.
<br /> :.Ma`5�� ' �_.-.,
<br /> ��M1 .. . ��� ,,.—
<br />.y "yY • `:,'� • _—
<br /> �
<br />- ,. ,�; 2.0498 File No. 95B � _�
<br /> - � � �$_ ic�101t�
<br /> � x amended, any other lawa now or hereaficer in force, notwithetan�inq aome or all
<br /> •� of the Sdcured Obligatione may now or hereafter be otherwiae secured, whether by -
<br /> mortgage, dead of trust, pledge, lien, aseignment or otherwisa. Neither the '
<br /> ���;:p�a� acceptance of this Dsed oE Truat nor ita en#orcement, whether by court action or
<br /> purauant to the power of sale or other powere herein contained, shall prejudice
<br /> �"'"�� or in any manner affect Beneficiary's right to realize upon or enforcp any other
<br /> ',.- ��: security now or hereafter taeld by Beneficiaxy, it being agreed that Beneficiary
<br /> c� shall be entitled to enfor ce this Deed of Truat and any other security now or
<br /> p' hereafter held by Henef icia zy in such order and manner ae it may in ita abaolute =
<br /> diacretion determine. No remedy herein r.onferred upon or reserved to Heneficiary �
<br /> is intended to be exclusive of any other remedy given hereundar or now or
<br /> ' hereafter exiating at Zaw or in equity or by statute. Every power or remedy
<br /> � given by atiy of the Loan Documenta to Heneficiary, or to wh3ch Beneficiary may
<br /> � be otherwise entiCled, may be exercised, concurrently or independently, from time
<br /> ,-
<br /> • to time and as often as may be deemed expedient by Beneficiary. Beneficiary may
<br /> : � •. pursue inconaiatent remediee. _
<br /> ..-. The acceptance by Beneficiary af any aum after the same is due ahall not
<br /> � - conatitute a waiver of the right either to require prompt payment, when due, of
<br /> �; all other sums hereby secured or to declare a default as hereim provided. The
<br />_. � accaptance by Beneficiary of any sum in an amount less than the sum then due
<br />- ahall be deemed an acaeptance on account only and upon condition thae it shall
<br /> not constitute a waiver of the obligation of Trustor to pay the entire sum then
<br /> due, and failure of Truatar to pay such entire sum then due shall be and continue
<br /> ' to be an Event of Default notwithstanding such acceptance of such amount on
<br /> account, as afaresaid. Henefioiary or Truatee ahall be, at all times thereafter
<br /> ___ and until the entire aum then due ahall have been paid, and notwithstanding the
<br />: .' ' ' . aaceptance by Beneficiary thereafter of further aums on account, or otherwise,
<br /> . entitled to exercise all righte in his inatrument conferred upon tY�em or either
<br /> ;,,;,,,;..�r�:�� of them, and the right to proceed with a eale under any notice of default or an
<br /> ' ' , �. election to sell, or th� right to exercise any other righta or remsdies
<br /> _;;_�;=,.. " • : hereunder, shall in no way be impaired, whethez any of such amounta are received
<br />���::�:'• '� prior or subaequent to such proceeding, election or exerciae. Conaent by
<br />_=,-^�.��i�� Beneficiary to any action or inaction of Truetor which ia aubject to coneent or
<br /> _�'��'"`' • ' approval of Beneficiar.y heraunder ahall not be deemed a waiver of the right to
<br />�""�' '�""�� re ire auch consent or approval to futuze or euccesaive actions or inactions.
<br /> = - . ,'•r• �
<br /> :.'V.
<br />-�.,�'�`��.:� , ,-' nxTxcr.s vx
<br /> ~-�r:�•_a._n,�
<br />=•'�_- •�. ,*- MISCSLLAN80II8
<br />--.�.e..aa�.,.w•.:
<br /> ' �� Section 6.01. ¢�v�rning Law. This Deed of Trust ahall be governed by the �
<br />"�;�;,- �• •• laws of the state in which the Property ia located. In the event that any _
<br /> ' . . provision or clauae of this Deed of Truat conflict� with applicable laws, such
<br /> conflicts shall not af.fect other provisions of thio Deed of Truat which can be
<br />_ a��•.;::;�°.. given effect without the conf licting provioion, and to this end the provisione
<br /> "" ,., '" of this Deed of Truat are declared to be aeverable. This instrument cannot be
<br /> _ . • waived, changed, diacharged or terminated orally, but only by an instrument in
<br /> writing signed by the party againat whom enforcement of any waiver, change,
<br /> , diacharge or termination is s ought.
<br /> Section 6.02. W�aivar of Riahts. To the extient permitted by law, Trustor �'
<br /> waives the benefit of all lawa now exieting or that hereafter may be enacted (i) �
<br /> providing for any appraisement before sale of any por�ion of the Mortgaged
<br /> Property, and (ii) in any way eytending the time for the enforcement of the
<br /> collection of the Secureci Obligations or creating or extending a period of
<br /> � redemption from any sale made in collecting the Secured Obligatione. To the full
<br /> - extent Trustor may do so, Trustor agreea that Truator will not at any time inaist
<br /> = � upon, plea, claim or take the benefit or advantage of any law now oz hereafter
<br />_ in force providing for any appraiaement, valuation, stay, extenaion or redemp-
<br /> �- __.J tion, and Trustor, for Trustor, Trustor's repreaentativea, auccesaors and j
<br /> � aesigns, and for any and a 11 peraons ever claiming any interest in the Mortgaged
<br /> i Property, to the extent pe rmitted by law, hereby waives and releasea all rights
<br /> I of redemption, valuation, appraisement, atay of execution, notice of election to
<br /> 1 mature or declare due the whole of the Secured Obligations and marshaling in the
<br /> i �vent oE forecloaure of the liens hereby creaCed. If any law referred to in this
<br /> � Section 6.02 and now in force, of which Trustor, Trustor's heirs, devisees,
<br /> i
<br /> i
<br /> 19
<br /> I
<br /> I
<br />
|