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<br /> 25. POWER OF ATTORN Grantor er y appoints Lender as its attorney-in-fact to endorse Grantor's name on all instruments and other
<br /> documents pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required,to perform any action or execute
<br /> any document required to be taken or executed by Grantor under this Deed of Trust. Lender's performance of such action or execution of such
<br /> documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust. All powers of attorney described in this Deed
<br /> of Trust are coupled with an interest and are irrevocable.
<br /> 26. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance
<br /> discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record.
<br /> 27. COLLECTION COSTS. To the extent permitted by law,Grantor agrees to pay Lender's reasonable fees and costs,including,but not limited to,
<br /> fees and costs of attorneys and other agents (including without limitation paralegals,clerks and consultants),whether or not such attorney or agent
<br /> is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust,
<br /> whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection
<br /> actions.
<br /> 28. PARTIAL RELEASE. Lender may release its interest in a portion of the Propefty by executing and recording one or more Partial Deeds of
<br /> Reconveyance without affecting its interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release
<br /> any of its interest in the Property(except as required under Paragraph 38 or as may be otherwise required by law),nor shall Lender be obligated to
<br /> release any part of the Property if Grantor is in default under this Deed of Trust. The lien and security interest created by the Deed of Trust remain in
<br /> effect with respect to that portion of the property,as defined in the Deed of Trust,that is not the subject of this or any Partial Deed of Reconveyance.
<br /> 29. MODIFICATION AND WAIVER. The modification or waiver of any of Grantor's Obligations or Lender's rights under this Deed of Trust must be
<br /> contained in writing signed by Lender. Lender may perform any of Borrower's or Grantor's Obligations,delay or fail to exercise any of its rights or
<br /> accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall
<br /> not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends,compromises,
<br /> exchanges,fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against
<br /> any Grantor, Borrower or third party or any of the Pro�erty. Lender's failure_to insist upon strict performanc��f any of the Obligations shail not be
<br /> deemed a waiver and Lende�§hall have the right at any time thereafter to insist upon strict performance.
<br /> 30. SUBSTITUTE TRUSTEE;TRUSTEE LIABILITY;COMPENSATION. In case of the death,inability,refusal to act or absence of the Trustee from
<br /> the state where the real property is located or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute
<br /> trustee as trustee hereunder and to appoint a new trustee in his place and stead,the holder of the Obligations is hereby granted full power to appoint
<br /> in writing a substitute trustee for said Trustee,and the substitute trustee shall,when appointed,become successor to all rights of Trustee hereunder
<br /> and the same shall become vested in him for the purposes and objects of this Deed of Trust with all the power, duties and obligations herein
<br /> conferred on the Trustee. Trustee shall not be liable for any error of judgment or act done by Trustee, or be otherwise responsibie or accountable
<br /> under any circumstances whatsoever. Trustee shall not be personally liable in case of entry by it or anyone acting by virtue of the powers herein
<br /> granted it upon the Deed of Trust for debts contracted or liability or damages incurred in the management or operation of said premises. Trustee
<br /> shall have the right to rely on any instrument,document or signature authorizing or supporting any action taken or proposed to be taken by it here
<br /> under or believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by it in the performance of its
<br /> duties here under and to reasonable compensation for such of its services here under as shall be rendered. Grantor will, from time to time, pay
<br /> compensation due Trustee here under and reimburse Trustee for and save and hold it harmless from and against any and all loss,cost, liability,
<br /> damage and expense whatsoever incurred by it in the performance of its duties.
<br /> All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but
<br /> need not be segregated in any manner from any other moneys (except to the extent required by law) and Trustee shall be under no liability for
<br /> interest on any moneys received by it here under.
<br /> 3i. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective
<br /> successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees.
<br /> 32. NOTICES. Except as otherwise required by law,any notice or other communication to be provided under this Deed of Trust shall be in writing
<br /> and sent to the parties at the addresses described in this Deed of Trust or such other address as the parties may designate in writing from time to
<br /> time. Any such notice so given and sent by first class mail,postage prepaid,shall be deemed given the earlier of three (3)days after such notice is
<br /> sent or when received by the person to whom such notice is being given.
<br /> 33. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable
<br /> state law. If any provision of this Deed of Trust violates the law or is unenforceable, the rest of the Deed of Trust shall continue to be valid and
<br /> enforceable.
<br /> 34. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the real property is located. Unless applicable law
<br /> provides otherwise,Grantor consents to the jurisdiction and venue of any court selected by Lender,in its sole discretion,located in that state.
<br /> 35. MISCELLANEOUS. Grantor and Lender agree that time is oT the essenca. Grar�tor-waives presscrtment; demand.ft�r payment, notice of
<br /> dishonor and protest except as required by law. All references to Grantor in this Deed of Trust shall include aii persons signing below. If there is
<br /> more than one Grantor,their Obligations shall be joint and several. This Deed of Trust represents the compiete integrated understanding between
<br /> Grantor and Lender pertaining to the terms and conditions hereof.
<br /> 36. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this Deed
<br /> of Trust in favor of Lender are intended solely for the benefit of Lender,and no third party shall be entitled to assume or expect that Lender will not
<br /> waive or consent to the modification of any provision of this Deed of Trust,in Lender's sole discretion.
<br /> 37. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower,Grantor,or any guarantor of the Obligations,or any
<br /> other person (except a person expressly released in writing)for the payment and performance of the Obligations,and without affecting the rights of
<br /> Lender with respect to any Property not expressly released in writing, and without impairing in any way the priority of this Deed of Trust over the
<br /> interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lender may,either before or after
<br /> the maturity of the Obligations, and without notice or consent: release any person liable for payment or performance of ail or any part of the
<br /> Obligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations; exercise or refrain from
<br /> exercising or waive any right or remedy that Lender may have under the Deed of Trust; accept additional security of any kind for any of the
<br /> Obligations;or release or otherwise deal with any real or personal property securing the Obligations. Any person acquiring or recording evidence of
<br /> any interest of any nature in the Property shall be deemed,by acquiring such interest or recording any evidence thereof,to have consented to all or
<br /> any such actions by Lender.
<br /> 38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obiigations, Lender will execute
<br /> and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of
<br /> recordation. Upon written request of Lender stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any
<br /> note to Trustee for cancellation and retention and upon payment by Lender of Trustee's fees, Trustee shall reconvey to Lender, or the person or
<br /> persons legally entitled thereto, without warranty, any portion of said premises then held hereunder. The recitals in such reconveyance of any
<br /> matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons
<br /> legally entitled thereto."
<br /> 39. CONSTRUCTION LOAN. Q This Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an obligation
<br /> incurred for the construction of an improvement on land,including the acquisition cost of land. This Deed of Trust secures a construction loan,and it
<br /> will be subject to the terms of a construction loan agreement between Grantor and Lender. Any material,equipment or supplies used or intended for
<br /> use in the construction,development,or operation of the Property,whether stored on or off the Property,shali also be subject to the lien of this Deed
<br /> of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful
<br /> claims for�abor and material furnished tor such construction.
<br /> 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which
<br /> Grantor would otherwise be entitled under any applicable law.
<br /> 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY HIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED
<br /> UPON,THIS DEED OF TRUST.
<br /> 42. ADDITIONAL TERMS:
<br /> Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt
<br /> of an exact copy of same.
<br /> Dated this 1 st day of_ April 1998
<br /> GRANTOR: GRANTOR:
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<br /> X ,%�6-��� 2� X
<br /> Marian J lwig
<br /> GRAN70R: GRANTOR:
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