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Grantor of such rights, nor shall any waiver made by the Grantor with respect to any specific <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 /> 7. 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 /> 8. 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 /> 9. 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 4 <br />