STATION DIST DDA WITH CRA - Laserfiche WebLink

Home Browse Search

such notices by delivering or mailing to the other paAies hereto, as aforesaid, a notice of such change. Section 5.5 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Tru s t, d u ly exec uteri and ackn w I e dge d, i s m ade a publ is record as provide d by 1 a . Section 5.6 Captions. The captions or headings at the beginning of each ec ti o n hereof are for the convenience of the p arts s and are no t a part of th i s Deed of Tru s t. Section 5.7 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to he severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason wh at so e r r by a court of competent jurisdiction, sue h illegality or invalidity shall not affect the balance of the terms and provisions hereof, whi h terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien i s invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under fore to sure or other nforc ement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. Section 5.8 No I i rg r. If title to the Property shall become v s ted in the Beneficiary, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and, in such even to Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary under this Deed of Trust. In addition, upon foreclosure cinder this Deed of Trust pursuant to the provisions hereof, any leases or subleases then existing and affecting all or any portion of the Security shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice of termination to such tenant or subtenant. Section 5.9 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Section 5.10 Gender and Number. r. In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context s requires. Section 5.11 Non greement. In the eve nt o f any foreclosure of this Decd of Trust or a transfer in lieu of foreclosure, Beneficiary or other transferee shall recognize and not disturb the possession, tenancy* leasehold estate and rights of all tenants and occupants of the Property or any portion thereof, and shall honor and abide by all of the terns, covenants and conditions of each leas a for the remaining balance of the term or extension thereof with the same force and effect as if Beneficiary or such other transferee were the original lessor under the lease; provided, however, that the tenant is not in default under its lease and Beneficiary or such other transferee shall not be a liable for any damage, loss or expense arising from any act or omission ATTACHMENT ISO. - IoO 1 400673 v 1 4!200272 -}D 1