Common use of Controlling Provision Clause in Contracts

Controlling Provision. Contemporaneously with the execution of --------------------- this Deed of Trust, Grantor is executing an Assignment of Leases and Rents in favor of the Noteholder. To the extent any provision of Paragraph 3.1 above is construed to contradict, conflict with or be inconsistent with any term, condition or provision contained in the Assignment of Leases and Rents, the applicable terms, conditions and provisions of the Assignment of Leases and Rents shall supersede such contradicting, conflicting or inconsistent provisions of Paragraph 3.1 and shall control.

Controlling Provision. Contemporaneously with the execution of --------------------- this Deed of TrustMortgage, Grantor is executing an Assignment of Leases and Rents (herein so called) in favor of the Noteholder. To the extent any provision of Paragraph 3.1 above is construed to contradict, conflict with or be inconsistent with any term, condition or provision contained in the Assignment of Leases and Rents, the applicable terms, conditions and provisions of the Assignment of Leases and Rents shall supersede such contradicting, conflicting or inconsistent provisions of Paragraph paragraph 3.1 and shall control.