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26 <br /> 5-5 Governing Law; Forum. (a) The County, BNY-M, and the Deed of Trust <br /> Trustee intend for North Carolina law to govern this Modified Deed of Trust and all <br /> aspects of its interpretation. <br /> (b) To the extent permitted by law, the County, BNY-M, and the Deed of <br /> Trust Trustee agree that any legal action concerning this Modified Deed of Trust <br /> must be initiated in one of the following forums: (i) the North Carolina General <br /> Court of Justice located in Orange County, North Carolina; or (ii) if the action is <br /> required by law to be filed in a United States federal court, in the United States <br /> District Court for the Middle District of North Carolina. <br /> 5-6 Limitation of Liability of Officers and Agents. No officer, agent or <br /> employee of the County, BNY-M or the Deed of Trust Trustee will be subject to any <br /> personal liability or accountability by reason of the execution of this Modified Deed <br /> of Trust or any other documents related to the transactions contemplated by this <br /> Modified Deed of Trust. Those officers or agents are deemed to execute documents <br /> in their official capacities only, and not in their individual capacities. This Section <br /> does not relieve any officer, agent or employee from the performance of any official <br /> duty provided by law. <br /> 5-7 Covenants Run with the Land. All covenants contained in the <br /> Modified Deed of Trust run with the real estate encumbered by the Modified Deed of <br /> Trust. <br /> 5-8 Further Instruments. Upon the request of BNY-M or the Deed of Trust <br /> Trustee, the County will execute, acknowledge and deliver any further instruments <br /> reasonably necessary or desired by BNY-M or the Deed of Trust Trustee to carry out <br /> more effectively the purposes of this Modified Deed of Trust or any other document <br /> related to the transactions contemplated by this Modified Deed of Trust, and to <br /> subject to the liens and security interests of this Modified Deed of Trust all or any part <br /> of the Mortgaged Property intended to be given or conveyed, whether now given or <br /> conveyed or acquired and conveyed subsequent to the date of this Modified Deed of <br /> Trust. <br /> 5-9 Severability. If any provision of this Modified Deed of Trust is <br /> determined to be unenforceable, that will not affect any other provision of this <br /> Modified Deed of Trust. <br /> 16 <br />