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• <br /> • <br /> • <br /> • <br /> provisions, whether such successor's title was acquired by foreclosure, deed in lieu of <br /> foreclosure, trustee's sale or otherwise. <br /> 7. Binding On Successors. The covenants contained in Sections 2 and 4 of this Grant Deed, <br /> without regard to technical or legal classification or designation specified in this Grant Deed or <br /> otherwise, shall to the fullest extent permitted by law and equity, be binding upon Grantee and <br /> any successor in interest to the Property or any part thereof, for the benefit of Grantor, and its <br /> successors and assigns, and such covenants shall run in favor of and be enforceable by the <br /> Grantor and its successors and assigns for the entire period during which such covenants shall <br /> be in force and effect, without regard to whether the Grantor is or remains an owner of any land <br /> or interest therein to which such covenants relate. In the event of any breach of any of such <br /> covenants, the Grantor and its successors and assigns shall have the right to exercise all rights <br /> and remedies available under law or in equity to enforce the curing of such breach. <br /> 8. Enforcement. The Grantor shall have the right to institute such actions or proceedings as <br /> it may deem desirable to enforce the provisions set forth herein. Any delay by the Grantor in <br /> instituting or prosecuting any such actions or proceedings or otherwise asserting its rights <br /> hereunder shall not operate as a waiver of or limitation on such rights, nor operate to deprive <br /> Grantor of such rights, nor shall any waiver made by the Grantor with respect to any specific <br /> • <br /> default by the Grantee, its successors and assigns, be considered or treated as a waiver of <br /> Grantor's rights with respect to any other default by the Grantee, its successors and assigns, or <br /> with respect to the particular default except to the extent specifically waived. <br /> 9. Amendment. Only the Grantor, its successors and assigns, and the Grantee and the <br /> successors and assigns of the Grantee in and to all or any part of the fee title to the Property <br /> shall have the right to consent and agree to changes or to eliminate in whole or in part any of the <br /> covenants contained in this Grant Deed. For purposes of this Section, successors and assigns of <br /> the Grantee shall be defined to include only those parties who hold all or any part of the <br /> Property in fee title, and not to include a tenant, lessee, easement holder, licensee, mortgagee, <br /> trustee, beneficiary under deed of trust, or any other person or entity having an interest less than <br /> a fee in the Property . <br /> 10. Conflict. In the event there is a conflict between the provisions of this Grant Deed and <br /> the Agreement, it is the intent of the parties that the Agreement shall control. <br /> 11. Counterparts. This Grant Deed may be executed in counterparts, each of which shall be <br /> an original and all of which taken together shall constitute one and the same instrument. <br /> SIGNATURES ON FOLLOWING PAGES. <br /> • <br /> 1604875.2 15 <br />