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<br />Bk Vol pg
<br />05020201 OPR 2726 529
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<br />executed after the date hereof, (b) not accept from any Lessee, nor permit any Lessee to pay, Rental for
<br />more than one month in advance; (c) comply with the material terms and provisions of each Lease; (d) not
<br />amend, modify, extend, or renew any Lease; (e) not assign, transfer, mortgage, cancel, or accept surrender
<br />of any Lease; (f) not assign, transfer, pledge, or mortgage any Rental; (g) not waive, excuse, release, or
<br />condone any nonperformance of any material covenants of any Lessee; (h) give to Holder duplicate notice
<br />of each default by each Lessee; (i) cause each Lessee to agree (and each Lessee under each Lease
<br />executed after the date hereof does so agree) to give to Holder written notice of each and every default
<br />under his Lease by Grantor and not to exercise any remedies under such Lease unless Holder fails to cure
<br />such default within ten (10) days, or within such longer period as may be reasonably necessary if such
<br />default cannot be cured within ten (10) days, after Holder has received such notice; provided that Holder
<br />shall never have any obligation or duty to cure any such default; and, if applicable, G) use its best efforts
<br />to obtain and furnish to Holder, upon request, itemized statistics, in such detail as shall be satisfactory to
<br />Holder, of the annual gross sales of each Lessee from the premises covered by his Lease.
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<br />4.5 In the event Holder ever collects Rental, Holder shall be entitled to pay its agent as
<br />compensation for collecting such Rental, from sums so collected, a reasonable fee.
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<br />SECTION 5. MISCELLANEOUS.
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<br />5.1 If the Obligation is paid and performed in full in accordance with the terms of this
<br />instrument and the Note and other security instruments and if Grantor shall well and truly perform and
<br />observe all of Grantor's covenants contained herein, then this conveyance shall become null and void and
<br />be released at Grantor's request m1d expense; otherwise, it shall remain in full force and effect.
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<br />5.2 All Rights and Liens herein expressly conferred are cumulative of all other Rights and
<br />Liens herein, or by law or in equity provided, or provided in any other security instrument, and shall not
<br />be deemed to deprive Holder or Trustee of any such other legal or equitable Rights and Liens by judicial
<br />proceedings, or otherwise, appropriate to enforce the conditions, covenants, and terms of this instrument,
<br />the Note, and other security instruments, and the employment of any Rights hereunder, or otherwise, shall
<br />not prevent the concurrent or subsequent employment of any other appropriate Rights.
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<br />5.3 Holder shall be entitled to receive any and all sums which may be awarded or become
<br />payable to Grantor for the condemnation of any part of the Mortgaged Property for public or quasi-public
<br />use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to
<br />Grantor for damages caused by public works or construction on or adjacent to the Mortgaged Property.
<br />All such sums are hereby assigned to Holder, and Grantor shall, upon request of Holder, make, execute,
<br />acknowledge, and deliver any and all additional assignments and documents as may be necessary from
<br />time to time to enable Holder to collect and receive any such sums. Holder shall not be, under any
<br />circumstances, liable or responsible for failure to collect, or exercise diligence in the collection of, any of
<br />such sums. Any sums received by Holder as a result of any condemnation of the Mortgaged Property
<br />shall be applied to the Obligation as provided in Section 3 herein.
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<br />5.4 Holder may collect the proceeds of any and all insurance that may become payable with
<br />respect to any part of the Mortgaged Property and, at its option, may use the same to rebuild or restore the
<br />improvements on the Mortgaged Property or may apply the same to the Obligation in the order and
<br />manner set forth in Section 3, whether then matured or to mature in the future, and may deduct therefrom
<br />any expenses incurred in connection with the collection or handling of such proceeds, it being understood
<br />that Holder shall not be, under any circumstances, liable or responsible for failure to collect, or exercise
<br />diligence in the collection of, any of such proceeds. Provided (i) no Event of Default has occurred and is
<br />continuing, and (ii) any repairs or restoration can be completed for an amount equal to or less than the
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<br />CITYQF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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