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normal business hours or on the next Business Day if not confirmed during normal
business bows, and an identical notice is also sent simultaneously by mail, overnight
courier, or personal deliveryas otherwisc provi4ed in Lhis Section 8.1. Any party may
designate a change of address by written notice to the other by giving at least ten (10)
days prior written notice of such change of address.
Section 8.2 COvenanta Running with the LW. All Obligations
contained in this Deed of Trust are intended by Grantor, Beneficiary and Trustee to be,
and shall be coamued as, covenants running with the Mortgaged Property. As used
herein, "Grantor" shall refer to the party named in the first paragraph of this Deed of
Trust and to any subsequent owner of all or any portion of the Mortgaged Property
(without in any vay implying that Beneficiary has or will consent to any such
conveyance or transfer of the Mortgaged Property). All persons or entities who may
have or acquire an interest in the Mortgaged Property shall be deemed to have notice
of, and be bound by, the terms of the Loan Agreement and the other Loan Documcnts;
however, no such party shall be entitled to any rights thereunder without the prior
written cony at of Beneficiary.
Section 8.3 Att�orn py-in-Fact. Grantor hereby irrevocably appoints
Beneficiary and its successors and assigns, as its a� ,m y-in-f ct, which agency is
coupled with an interest, (a) to execute andlor record any notices of completion,
cessation oflabor, or any other notices that Beneficiary deems appropriate to protect
Beneficiary's interest, if Grantor shall fail to do so within ten (10) days after written
request by Beneficiary, (b) upon the issuance of a deed pursuant to the foreclosure of
this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all
instruments of assignettent, conveyance or further assurance with respect to the Leases,
Rents, Personalty, Futures, Plaus and Property Agrecwenu in favor of the grantee of
any such deed and as unay be necessary or desirable for such purpose, (c) to prepare,
execute and file or record financing statements, continuation statements, applications
for registration and like papers necessary to create, perfect or prasmc Beneficiary's
security interests and rights it or to any of the collateral, and (d) while any Event of
Default exists, !o perform any obligation of Grantor hereundea, however:
(1) Beneficiary shall not under any circumstances be obligated to perform arty
obligation of Grantor, (2) any sums advanced by Beneficiary in such performance
shall be added to and uncluded ere the Indebtedness and shall bear interest at the Default
Rare; (3) Beneficiary as such attorney -in -fact shall only be accountable for such funds
as are actually received by Beneficiary; and (4) Beneficiarysball not be liable to
Grantor or any other person or entity for any failure to take any action which it is
empowered to Luc under !his Section, except to the extent arising from Beneficimys
gross negligence err willftd misconduct
Section 8.4 Succosor< .nor Assign.. This Deed of Trust shall be
binding upon and inure to tlue benefit of Beneficiary and Grantor and their respective
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