FOR ANY MATTERS IN CONNECTION HEREWITH
SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN CHICAGO, ILLINOIS AS
BENEFICIARY MAY ELECT AND GRANTOR HEREBY SUBMITS ITSELF TO THE JURISDICTION OF
SUCH COURTS FOR THE PURPOSE OF ADJUDICATING ANY MATTERS RELATED TO THE LOAN,
PROVIDED, HOWEVER, THAT TO THE EXTENT THE MANDATORY PROVISIONS OF THE LAWS OF
ANOTHER JURISDICTION RELATING TO (i) THE PERFECTION OR THE EFFECT OF PERFECTION
OR NON-PERFECTION OF THE SECURITY INTERESTS IN ANY OF THE PROPERTY, (ii) THE
LIEN, ENCUMBRANCE OR OTHER INTEREST IN THE PROPERTY GRANTED OR CONVEYED BY THIS
DEED OF TRUST, OR (iii) THE AVAILABILITY OF AND PROCEDURES RELATING TO ANY
REMEDY HEREUNDER OR RELATED TO THIS DEED OF TRUST ARE REQUIRED TO BE GOVERNED BY
SUCH OTHER JURISDICTION'S LAWS, SUCH OTHER LAWS SHALL BE DEEMED TO GOVERN AND
CONTROL, AND GRANTOR AGREES THAT THE PROPER VENUE FOR ANY SUCH MATTERS REQUIRED
TO BE GOVERNED BY
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SUCH OTHER JURISDICTION'S LAWS SHALL BE IN SUCH OTHER JURISDICTION, AND GRANTOR
HEREBY SUBMITS ITSELF TO THE JURISDICTION OF SUCH OTHER JURISDICTION FOR THE
PURPOSE OF ADJUDICATING ANY SUCH MATTERS REQUIRED TO BE GOVERNED BY THE LAW OF
SUCH JURISDICTION. THE INVALIDITY, ILLEGALITY OR UNENFORCEABILITY OF ANY
PROVISION OF THIS DEED OF TRUST OR THE LOAN DOCUMENTS SHALL NOT AFFECT OR IMPAIR
THE VALIDITY, LEGALITY OR ENFORCEABILITY OF THE REMAINDER OF THIS DEED OF TRUST
AND THE OTHER LOAN DOCUMENTS, AND TO THIS END, THE PROVISIONS OF THIS DEED OF
TRUST AND THE OTHER LOAN DOCUMENTS ARE DECLARED TO BE SEVERABLE.
36. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary
shall cause Trustee to release this Deed of Trust. Upon written request of
Beneficiary stating that all sums secured hereby have been paid, and upon
surrender of this Deed of Trust and the Note to Trustee for cancellation,
Trustee shall reconvey the Property then held hereunder. The recitals in any
such reconveyance of any matters of fact shall be conclusive proof of the truth
thereof. The grantee in such reconveyance may be described as "the person or
persons legally entitled thereto". Grantor shall pay Beneficiary's and Trustee's
reasonable costs incurred in releasing this Deed of Trust and any financing
statements related hereto.
37. Covenants Running with the Land. All covenants, conditions, warranties,
representations and other obligations contained in this Deed of Trust and the
other Loan Documents are intended by Grantor, Trustee and Beneficiary to be, and
shall be construed as, covenants running with the Property until the lien of
this Deed of Trust has been fully released by Beneficiary.
38. Terms. As used in the Loan Documents, (i) "Business Day" means a day when
banks are not required or authorized to be closed in Chicago, Illinois or New
York, New York; and (ii) the words "include" and "including" shall mean
"including but not limited to" unless specifically set forth to the contrary.
39. Loss of Note. Upon notice from Beneficiary of the loss, theft, or
destruction of the Note