Res17 15621 - Laserfiche WebLink

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9. Reversionary Interest. Subject to and in accordance with the procedures and provisions of Section 9.8 of the Agreement, the Grantor has the right, at its option , to re- enter and take possession of the Property, or portion thereof, with all Improvements thereon , and revest in the Grantor the estate conveyed to the Grantee, in the event of a default arising under Section 9.8 of the Agreement. 10. Options to Repurchase. Subject to and in accordance with the procedures and provisions of Section 9.9 of the Agreement, the Grantor has the right, at its option , to repurchase and take possession of the Property, or portion thereof, with all Improvements thereon , and revest in the Grantor the estate conveyed to the Grantee, in the event of a default arising under Section 9.9 of the Agreement. The Grantor shall have the right to institute such actions or proceedings as it may deem desirable to effectuate the purposes of Sections 9 and 10 hereof. Any delay by the Grantor in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights hereunder shall not operate as a waiver of or limitation on such rights, nor operate to deprive Grantor of such rights, nor shall any waiver made by the Grantor with respect to any specific default by the Grantee, its successors and assigns, be considered or treated as a waiver of Grantor's rights with respect to any other default by the Grantee, its successors and assigns, or with respect to the particular default except to the extent specifically waived . 11 . Amendments. Only the Grantor, its successors and assigns, and the Grantee and the successors and assigns of the Grantee in and to all or any part of the fee title to the Property and improvements shall have the right to consent and agree to changes or to eliminate in whole or in part any of the covenants contained in this Grant Deed . For purposes of this Section , successors and assigns of the Grantee shall be defined to include only those parties who hold all or any part of the Property and Improvements in fee title, and shall not include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any other person or entity having an interest less than a fee in the Property and Improvements. 12. Conflict Among Documents. In the event there is a conflict between the provisions of this Grant Deed and the Agreement, it is the intent of the parties that the Agreement shall control. 13. Grantee's Acknowledgement. By its execution of this Grant Deed , Grantee has acknowledged and accepted the provisions hereof. 14. Counterparts. This Grant Deed may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGES. ATY/AGR/2017.218/RWC — BRADFORD — DDA REV: 09-18-17 VR Page 52 of 94