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Section 8.2 "'nkilthe LI". All Obligations
contained in this Deed of Trust are intended by Grantor, Beneficiary and Trustee Adbe
and shall be construed as, covenants naming with the Mortgaged property.
herein. 'Grantor" shall refer to the PAY named in the first paragraph of this Deed of
ortgaged Property
Trust and to any subsequent owner of all or any Portion of the M
(without in any way 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 bythe terns of the Loan Agreement and the other Loan Documents;
however, no such party shall be entitled to any rights thereunder without the prior
written consent of Beneficiary.
Section 8.3 Ati4®q'in-Fa. Grantor hereby irrevocably appoints
Beneficiary and its successors and assigns, as its attomey-in-fact, which agency is
coupled with an interest, (a) to exa;ute and/or record any notices ofo o ePeedo
,4 cessation of labor, or any other notices that Beneficiary deems appropriate Pwitch.
7] Beneficiary/s interest if Grantor shell fail to do so within ten (10) days after written
Orequest by Beneficiary', (b) upon the issuance of s deed pursuant to the foreclosure of
C' this feed of Trust or the delivery of a deed in lieu of foreclosure, to execute all
0 instruments of assignment, conveyance or further assurance
�tments w eve pect to the grantee Leases,
CO)of
O Rents, Personalty, Fixtures, Plans and Property Ag
2 any such deed and as may be necessary or desirable for such purpose, (c) to ]preparcanoe
execute and file or record financing statements, continuation statements, app
for registration and like papers necessary to create, perfect or preserve Beneficiary s
security interests and rights in or to any of the collateral, and (d) while any Event of
un
Default exists, to perform any Obliany circumstances be obligated to Perform any
(t) Beneficiary shall not hurter airy
obligation of Grantor, (2) any sums advanced by Beneficiary in such performance
shall be added to and included in the Indebtedness and shell bear interest at the Default
Rate; (3) Beneficiary as such attomey-in-fact shall only be accountable for such funds
as are actually received by Beneficiary; and (4) Beneficiary shall not be liable to
Grantor of any other person or entity for any fAilure to take any action which it is
empowered to take under this Section, except to the extent arising from Beneficiary's
gross negligence or wrBful misconduct.
Section 8.4 °ewes an AsaltrW. This Deed of Trust shall be
binding upon and more to the beaef t of Beneficiary and Grantor and their respective
successors and assigns. Grantor shall not, without the prior written consent of
Beneficiary, assign any rights, ditties or obligations hereunder.
Section 8.5 No Wa*yCr. Any failure by Trustee or Beneficiary to insist
upon strict performance of any of the terms, provisions or conditions of the Loan
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